Legal Question in Wills and Trusts in Arizona
fathers will
my fathers will states divison of estate goes 100% to me,he has 3000.00 in credit debt do i have to pay it?also i was joint owner on all bank accounts.do i have to go thru probate to handle this?
1 Answer from Attorneys
Re: fathers will
The creditors have to make a claim in probate in order to collect what is owed to them. If there are no assets to probate, then no probate needs to be filed and the Will is of no import. If you are the joint owner of all bank accounts, and those accounts are all of the assets, then all of those accounts are now solely owned by you, upon showing of a death certificate to the bank, or you could simply put the money in new accounts owned by you. If there are other assets and/or real estate, then a probate may be necessary and notice to creditors given.