Legal Question in Wills and Trusts in Arizona

Re: info to avoid probate, on event of death, single, no offspring

Thank you for your inquiry. Probate is the process of tranfering assets from a deceased owner to his/her heirs. If there is a valid will, the probate occurs according to the wishes expressed. If there is no will, the probate occurs according to law, with the transfer order as follows: spouse, children, parents, siblings, nieces/nephews, etc.

The way to avoid probate is to make sure that the assets are held in a way that they automatically transfer upon the death of the owner. Bank accounts can have a "pay on death" or "transfer on death" beneficiary. This is not a separate form, it is a designation to be made at the bank. Property can have a "right of survivorship" on the deed (which means that two people own the property, and the survivor inherits the whole thing), or a "beneficiary deed" (which means that one persons owns the property and on the owner's death, the beneficiary inherits). There are other methods of avoiding probate (e.g. living trust), but having a will does not avoid probate.

In any event, I recommend execution of a valid will (even a very simple document) "just in case" the estate plan is not completed upon death.

If you would like to discuss these matters with me further, please do not hesitate to contact me. I can be reached by phone (480) 792-9770 or by email ([email protected]).

/s/ Monica H. Donaldson, Esq.