Legal Question in Wills and Trusts in Arizona
Dying without a will
My mother recently passed away
without a will and very few possesions.
What happens to her auto that is only
in her name and is still owed on?
1 Answer from Attorneys
Re: Dying without a will
When a person dies without a Will, state law determines who is entitled to inherit the decedent's estate. If there is less than $50,000 worth of property, then you can file an affidavit in the county where the decedent resided to obtain transfer of the assets to the heirs. In Maricopa County, go to the Self Service Center of the Superior Court to find instructions and the form for the affidavit. If the car is worth more than the amount owed, take the affidavit to the MVD and transfer title to the heirs. If it is worth less, then I would suggest you take it to the lender and tell them that the borrower has passed.
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