Is POD bank acct part of estate? No assets. Do I need to file AZ probate? Debit : CC bill of $600 & Apt $2200 (break of lease!

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Anonymous Apr 18, 2015 Wills And Estates 6 views 3 answers

POD bank account has only $6,000 in it. Apartment complex wants $2200 for break of lease although my mother died. (Yes it is in the lease!) She died on 3/24/15 and we had apt empty and walked through by 3/30/15. Do I file probate and what do I do about the two creditors?

Attorney Answers

Pamela Virtue

Pamela Virtue · Jun 15, 2026

A POD (payable on death) designation on a bank account allows the person named to receive the POD funds to submit to the bank a death certificate. Upon submission and correct identification the bank will release the funds. Children are not responsible for the debts and other financial obligations of their parents upon the death of a parent. Unless you were also on the Lease you have no liability to pay any monies to the apartment complex. You are also not responsible for the credit card bill in the amount of $600.00. You may wish to call the credit bard company to let them know your mother died or you can send a copy of the death certificate to the credit card company and this will eliminate any further mailings of delinquencies. No probate is needed to be filed regarding these creditors.

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Sean Green

Sean Green · Jun 15, 2026

POD accounts are not part of the probate estate and are paid out like life insurance proceeds to the named beneficiary. Generally you only have to give a certified death certificate to the bank for the proceeds to be paid out. Creditors can only go after your mother's estate despite what they may tell you and they cannot go after you personally for her debts. From what you described it appears that she has no probate estate from which they can recover. Pay an attorney for an hour or two of his or her time to find out whether the debt is payable from her probate estate only or from her estate as a whole.

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Amanda L. Carroll FloresEstate Planning AttorneyAnthem, AZ

Amanda L. Carroll FloresEstate Planning AttorneyAnthem, AZ · Jun 15, 2026

If those were your mother's only assets then you do not need to file probate. As the other attorneys here suggest, POD accounts should be transferred automatically to the beneficiary upon proof of death and not subject to probate. I suggest calling or sending a letter to the two creditors letting them know your mother passed away without any probate assets and to please send you confirmation that the accounts are closed. Additionally, as far as the lease-break goes, typically the landlord is responsible for trying to find a tenant to replace your mother. If the fee is the amount outstanding on the lease, then they need to mitigate their damages. (If it's a "lease break fee" calculated differently, then they may not have the need to mitigate.) Either way, you are not personally responsible to pay the amount.

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