Legal Question in Wills and Trusts in Arizona

if a father dies and has quick-claimed One of his three children on the deed of his house,and named that child executor in a handwritten will.And that person says he does not have to go through any probate,and the others can not see the will ,is this right? and how do the others find out about the estate


Asked on 8/05/09, 1:48 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

You should take action immediately to get the answers to your question. Wills are not generally recorded or otherwise public and thus, you and the other heirs can open a probate case without a Will, and this will cause that child to come forward with the Will, if there is one. That child is not the executor until a court appoints the child to serve as such. That would require a probate to be opened and notice to be given to all interested parties, the heirs at law and creditors. The person appointed executor is required to give notice to creditors. This way you will find out about the estate and perhaps you can be appointed executor, if the judge decides that way.

Read more
Answered on 8/10/09, 11:18 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Arizona