Legal Question in Real Estate Law in Arizona

warrant deed

Grantor died in the Netherlands, has dutch nationality but also immigrant USA since august 2005. Has left dutch will, leaves everything to heirs. Has without knowledge of 2 heirs bought and built property in Arizona and is registered there with warrant deed.

What does that mean now that he is dead. Is it possible to get the heirs share who are living in the Netherlands? If yes How to proceed. If no Why?

Appreciate your answer.

With friendly regards.


Asked on 11/13/05, 7:16 am

2 Answers from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: warrant deed

When a property owner passes away, real property titled in his name, must go through probate, whereby the court will enforce the Dutch Last Will and Testament, or the property would pass to the "heirs at law" according to AZ law. It sounds like the property is worth more than $50,000, the maximum estate that could pass through probate by filing an Affidavit, however, I believe that an informal probate would be required to transfer the property to the heirs. You question is confusing regarding "2 heirs that don't know about the AZ property." Probate requires that all the heirs be notified of the AZ proceedings so that they can know what is being done and can make any claims that they may have. It is not a complicated process and should not be expensive to accomplish. It is necessary for the heirs to get marketable title to the property.

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Answered on 11/14/05, 12:19 am
James Jenkins Jenkins Law Center PLC

Re: warrant deed

The decedent's property can most certainly be passed on to the heirs, but it will require a probate case in the court. Our office handles these cases, we are very prompt, and our fees are fair and moderate. You should call for a free consultation 480.835.1500.

I should add that if the equity in the real property is less than $50,000, the case can be resolved with a yet simpler procedure.

Thank you for your interest. You are welcome to call.

Sincerely,

James D. Jenkins

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Answered on 11/13/05, 10:06 am


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