Legal Question in Wills and Trusts in Arizona

Executor of estate

I am an only child, both parents simultaneously passed away. How do I go about being named as executor of their estate? Will I need to open probate?


Asked on 1/03/07, 9:18 pm

4 Answers from Attorneys

James Jenkins Jenkins Law Center PLC

Re: Executor of estate

Some of the information given to you by others on this site is correct. Some is incomplete or in error.

The threshold amount for a probate is not necessarily $50,000. Real estate equity up to $75,000 can be transferred without probate after a waiting period, and that is in addition to non real estate assets.

In my practice I have done an innovative approach to situations like yours. I have one presently pending. I file one probate for both decedents, saving a lot of cost. If you want to speak with me in a free, no obligation consultation call 480.835.1500. We do probates in all Arizona counties. It is possible you may not need a probate, which can be determined in the consultation. Thanks for your interest.

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Answered on 1/05/07, 12:25 am
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Executor of estate

Thank you for your inquiry. Whether you need to open a probate depends in part on the nature of your parents' assets. The probate process in Arizona can be handled simply; it just depends on how your parents had arranged their affairs.

We offer a free initial consultation, so please contact our office to schedule a time to meet with one of our attorneys regarding the details of your situation.

Sincerely,

Monica Donaldson

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Answered on 1/03/07, 9:37 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: Executor of estate

Your answer depends upon the nature and extent of the assets in your parents' estate and whether or not either one or both of them made a valid Last Will and Testament, or if they created a trust during their lifetimes. If there is less than $50k worth of assets, no probate is necessary and the estate can be transferred to you as the heir under the law, if no Will was made, or to the heirs under the Will. If there is more than $50k, then you can be appointed Personal Representative (the new term for an executor), and it would be your job to gather the assets, pay claims and taxes, and then distribute the estate according to the Will or according to law.

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Answered on 1/03/07, 11:31 pm

Re: Executor of estate

The answer will depend on getting more information. For instance, where did your parents reside upon their death? Did they own real property (real estate) and if so which state was it in?

What is the total value of the assets in their estate.

You should have a discussion with an attorney regarding these questions. If they resided in California you should speak with a California attorney. If in Arizona then an Arizona attorney.

Also, did they have a Trust? If so, that may change the above information and make it a lot easier.

I'd be happy to speak with you in a free consult.

Caleb

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Answered on 1/04/07, 1:42 am


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