Legal Question in Wills and Trusts in Arizona

With a Durable POA I was able to manage deceases friend, his final 3 years, but after dying overseas with his relatives, his only remaining belongings is a Safe Deposit Box, containing his papers, and the relatives ask that here is a economic cost & reason for the relatives not to pickup his safe deposit box contents unless I could do that through certified parcel post to them. The Durable POA does not apply after death and also under AZ Statues do not apply to safe Deposit Boxes, So how do I represent the relatives in picking up their Uncles Safe Deposit box content which may contain his Will? There is no other Real Estate or assets. AZ Probate Attorneys are charging $2,500 retainer. Is there a more efficient way to sent his content to his relatives?


Asked on 4/25/11, 9:52 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

You do not have legal authority to represent deceased's heirs at law. The heirs under Arizona law should file an affidavit in the probate court to transfer this small estate to the heirs, since we don't know if there is a Will in the box. By following the proper procedure to transfer the small estate, the contents of the box may be sent to the heirs for distribution amongst them. There would be a filing fee with the Court, and you would have an order of distribution which the bank should honor. If they would like an attorney to represent them to accomplish this, I would charge a fee of $1,000.

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Answered on 4/25/11, 10:18 am


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