Legal Question in Wills and Trusts in Arizona

Died in CA, but lived in AZ - what state has jurisdiction?

My brother recently died in CA, but he lived in AZ - what state has jurisdiction? THat is, whose probate process will I have to follow- CA or AZ? Assuming it's AZ, what is the basic (and cheapest) process? He has no will, and an estate that probably totals less than his outstanding debts.

Thanks.


Asked on 1/06/02, 1:25 am

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Died in CA, but lived in AZ - what state has jurisdiction?

Thank you for your inquiry.

Based on your question, I am assuming that your brother was currently a resident of AZ, but died during a visit to CA. If I am incorrect, then my "advice" below might not apply.

If your brother was an AZ resident and/or owned property in AZ, any probate would be filed in AZ. If he died without a will, the probate would be "intestate."

Only certain persons can qualify to be appointed to probate someone's estate. If the debts exceed the assets, however, it might not even make sense to personally undertake the time and expense of the probate process.

If you would like to discuss this matter further, please feel free to contact my office to schedule a consultation - (480) 792-9770.

/s/ Monica H. Donaldson

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Answered on 1/06/02, 1:37 am


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