The bank is likely correct. What the will says does not control. Rather the terms of the TOD account control. SInce your sister died after your father, he share of the TOD account became "vested" when he died, and the account now belongs to her estate. You may need probate unless the account was small enough to qualify for small estate procedures under Arizona law.
It would most likely still need to be probated.
Feel free to give me a call for a no-cost, no obligation consultation.
Scott A. Mac Leod is licensed to practice law in Arizona. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.
It sounds to me like the bank is correct. Depending on the amount involved you may be able to use a small estate procedure to avoid full blown probate of this share. It is likely that you and your siblings would be the ones receiving this, anyway. An attorney can analyze this for you and determine if there may be a shortcut to getting you these funds.
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