Legal Question in Wills and Trusts in Arizona

Re: death of relative with no will.

You must Administer his estate to claim his assets. Administration is the court procedure in NY where a person dies without a will. Once the Court appoints you as Administrator (Executor), you will have legal authority to close bank accounts, sell real estate, and otherwise claim assets. Feel free to contact my office for a brief complimentary consultation.

Re: death of relative with no will.

Your brother died intestate (that means without a will).

Did your brother die in NY or AZ? Depending on his residence is where you would file your intestate petition to be the administrator of the estate. I cannot comment on AZ, only NY law.

Although it sounds difficult, the petition is a fairly simple process. A member of decedent's immediate family prepares paperwork listing those individuals that would be beneficiaries under NY intestacy law. Those individuals are asked to either consent to the petition. If consent is not given, the petitioner requests citation to be delivered by the Surrogate's Court. This means a Court date is given, papers are served, and an initial conference is conducted in Court. If there still is a problem, a hearing is conducted to determine whether the petitioner should be the administrator of the estate.

Once a petitioner is appointed administrator of the estate, he (or she) marshals the decedent's assets, makes the statutory distribution and files accounting and tax paperwork.

Mike.

Re: death of relative with no will.

The question submitted to me indicates that you are in New York, but that the question applies to Arizona law. I will therefore presume that your brother was a resident of Arizona when he died.

The first thing to determine is who his heirs will be. If he was single with no children or grandchildren etc., it would be his parents, but if they are both deceased it would be his brothers and sisters, in simplified terms.

A court probate may or may not be needed depending upon the nature and value of the assets. There is a procedure for a "small estate" that does not require a court probate appointment of a personal representative (executor) but there are limits on the size of estate that can be collected. Creditors also have to be dealt with.

More facts need to be known. We offer free, no obgligation consultations which can be by telephone by calling 480.835.1500.

For more estate information see our blog at JenkinsLawCenter.blogspot.com

Best regards,

James D. Jenkins