Legal Question in Wills and Trusts in Arizona

arizona probate

I filed an informal probate not knowing what the assets were. It turns out I should have just done a small estate affidavit. What do I do now.


Asked on 11/05/07, 3:49 pm

2 Answers from Attorneys

Debra Palomino PALOMINO LAW FIRM, P.C.

Re: arizona probate

Submit a Small Estate Affidavit and move to dismiss the informal probate based on the Affidavit.

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Answered on 11/05/07, 6:50 pm
James Jenkins Jenkins Law Center PLC

Re: arizona probate

You could do as advised by the other attorney, but since you have already opened the probate, and will not be able to get your filing fee refunded, why not simply collect the assets as the personal representative? I do not know how many heirs there are from your information. If all the heirs get what they are entitled to, you could have them sign a waiver of accounting and inventory before they get paid, and file a closing statement with the court, and the probate is over. If you are the only heir, it is even simpler. You could also consult with an estate attorney to help you simply close the probate after collecting the assets. A brief consultation with an estate attorney would be in order.

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Answered on 11/06/07, 11:00 am


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