Legal Question in Wills and Trusts in Arizona

i have been named personal representative of my aunts estate. I am attempting to sell her mobile home and the money will be put with her estate funds and have been told either I need to present a letter of administration or put the home in my name to be transferred to the new owner. the only document I have is something my aunt notarized naming me as personal representative, her estate did not go through probate court. is it required to be? is my notarized letter acceptable as a letter of administration? thanks


Asked on 3/02/11, 7:09 am

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

Your aunt cannot appoint you as presonal representative of her estate. Only the probate court can do that, and when it does, it makes an order and letters of administration are issued by the clerk of the court. If the total value of her estate is less than $50,000, then the heirs at law, or her heirs under her will, can file an affidavit with the court and probate can be avoided. Title to a mobile home is handled by the Motor Vehicle Dept. as it is treated as a vehicle. You should consult with an attorney to learn what your duties are and what are your alternatives. I am available to consult with you on a one time basis, and there is no obligation to go further with me, you only pay for the consultation.

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Answered on 3/02/11, 5:02 pm


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