Legal Question in Real Estate Law in Arizona

Re: Transferring out of state property into my name.

The answer to your question is a classic one in the law: it all depends. If Michigan has a statute for the transfer of equity without a probate, and the equity in the property is not too great (In Arizona it would be less than $50,000) so that the total equity is less than the maximum amount for a Michigan "small estate," you could transfer the property under their statutes without a probate. If not, a probate will be needed.

That said, please understand that if your father was a resident of the State of Arizona when he died, you cannot initiate an original probate in Michigan, you must initiate the probate in Arizona, and then file an "ancillary probate" action in Michigan, which is a simplified procedure where you use your appointment as personal representative (modern term for "executor") in Arizona to file a simplified probate action in Michigan.

Therefore, unless the property is worth less than the Michigan small estate limit, you will have to file a probate that is initiated in Arizona, not Michigan. Arizona has jurisdiction of the original probate action if your father was a resident here. If he was a resident of Michigan, but only a visitor in Arizona, the original probate could be filed in Michigan. Residency is a matter than can be determined by looking at a number of factors that show the intent of the person to be a resident of one state or another, such as whether he formally declared himself a resident of one state, where he voted, paid taxes, maintained his drivers license, where he had his primary home, etc.

This reminds us to not only have wills, but trusts or beneficiary deeds in place in our estate plan, since wills do not avoid probate but the other documents do. Since your father died with no will, ("intestate") his property will pass to his heirs at law under the intestate laws of the state where he had his residency.

If you want further free information you are welcome to call us at 480.835.1400. We do Arizona and out of state probates in our office and can get them filed within 48 hours usually. Thanks and good luck. I wish there were another alternative for you but there is not.

Best regards,

James D. Jenkins

Re: Transferring out of state property into my name.

You would have to open a probate action in Michigan so you can get a court order transferring the property to you and the other heirs at law, if any.