questions & answers

Question: My wife passed and she had a Capital one account with $2381.00 in a account. I have tried to transfer monies to my account and also hired a attorney to draft a letter to release funds and they refuse to send they said I need to go through probate. I paid off her car and sold home but this account is still open and Capital one will not release money.

Answer: If this is the only asset you are dealing with, you should be able to transfer the account by affidavit.  Under Arizona law, small estates that are valued at less than $75,000 can be processed by affidavit rather than going through probate.  If the house and most of your accounts were jointly held and she had less than $75,000 in assets in her name alone, you can use this process.  It is called Affidavit for the Collection of Personal Property.  Maricopa County Superior Court has a copy on its website that you can download and use.  It will be good anywhere in the State of Arizona.  Banks and Brokerage Firms are familiar with these forms and usually honor them.  You will need to sign it before a notary.  Go to: https://superiorcourt.maricopa.gov/llrc/probate-court-forms/ to download the form. It is in the self-service section under probate.