Legal Question in Wills and Trusts in Arizona

Death without a Will

My brother passed away leaving a home and a vehicle. He didn't have a will. What do I have to do to transfer these things to my name?


Asked on 2/10/08, 8:43 pm

1 Answer from Attorneys

Brian Blum Blum Law Office, PLC

Re: Death without a Will

More facts are needed to answer your question. First, did your brother have a wife, kids, or grandkids at the time of his death? If not, are either of his parents alive? If no wife, kids, grandkids, etc. Then his assets will be split between siblings. If you're the only sibling, then the assets will go to you.

How you transfer the assets to your name depends on the value of the assets. If the home is worth less than $75,000 (equity only) AND the car and other personal property is worth less than $50,000, (equity only) then you can transfer the property by affidavit. If the assets are worth more than that, then you will have to open a probate with the Probate Court in the county where your brother lived.

There are a few more possible complications, and in my experience, you should consult an attorney to make sure you get it done properly.

However, if you are determined to do it alone, then read up on the information from the Maricopa County Superior Court website. Look for the Probate forms.

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Answered on 2/10/08, 10:32 pm


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