Legal Question in Wills and Trusts in Arizona
Affidavit used for death with no will
Where can I get information on how to apply for an affidavit to handle my father's death? He had no will.
2 Answers from Attorneys
Re: Affidavit used for death with no will
If this is in Maricopa County, you can get the forms online from the court's website. http://tinyurl.com/2lpykc
Read the instructions carefully, because not every estate qualifies to use the affidavit. Contact an attorney if you need help.
Re: Affidavit used for death with no will
Some states allow small estates without real estate to be distributed by affidavit and without probate. If yours allows this you can check the probate code yourself, to see if you qualify and what the affidavit must state, and then draft the affidavit yourself, getting it notarized under oath. If you don't qualify you'll have to open a probate. Of course, you can ask and attorney to do either for you.
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