Legal Question in Wills and Trusts in Arizona

My husband passed away 3 months ago. He resided with me in Arizona. He died without a will. We purchased natural gas rights for $4,000 in April of this year. The wells are located in Yuma, Colorado and put in his name only. Everything else was in a joint account. Does this need to go through probate or can it be acquired with an affidavit of heirship? If so, how do I do this? Can I file it, if so where and how? If not, do I need a Colorado probate attorney or an Arizona one?


Asked on 10/26/10, 7:55 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Everything that was jointly owned, passes to the joint owner by operation of law. When you say that he purchased gas rights, you did not say whether he gained title to real estate or some other form of ownership that is personal property. Personal property would pass to you and children (if any) according to State Law, and could be done with an affidavit. I don't know if Colorado law permits the filing of an affidavit for small estates, as is done in AZ. If he did own real estate gas rights, you would need to file in probate court in CO, however, if they permit the use of an affidavit for small estates, you would probably not need an attorney and could learn how to do it yourself.

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Answered on 10/31/10, 8:06 am


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