Legal Question in Wills and Trusts in Arizona

If the assets in the estate do not exceed $50,000, or if there is real estate included, $75,000 in value, then no probate is required, however, the assets must be distributed according to the Will, which should have been filed with the court in the county where the decedent died. If probate is required, then you, if you have the legal right to do so (ie. you are an heir of the decedent), can open a probate and then administer the estate according to the Will. If you do not have the Will, then how do you know who the executor is? If you have no Will, then you can open a probate "intestate." Without any legal action, the assets still belong to the estate of the deceased. If someone took the assets without the legal right to do so, then you have a claim against that person and it may be a criminal theft as well.