Legal Question in Wills and Trusts in Arizona

Re: Obtaining power of representation for decedent

Thank you for your inquiry, and I hope I understand your question clearly.

If the net value of the house (true value minus mortgage) at the time of death was less than $50,000, then an Affidavit of Collection of Real Property can be signed by all of the heirs and filed/recorded in the county where the property is located.

If the property value exceeds $50,000, it will be necessary to open a probate (probably informal) in the county where she died. Since there is no will naming a Personal Representative (executor), then all of the children must agree on who will serve, and sign the appropriate forms. When the probate is filed, the Personal Representative receives "letters" which give that person the authority to administer the estate.

There is a filing fee of $166 for both methods (affidavit or probate), plus recording fees, certification fees and (for the probate) publication fees. These are in addition to the lawyer's fee for preparing the paperwork and/or overseeing the probate.

Please feel free to contact me to discuss this matter in greater detail. I can be reached at (480) 792-9770 or [email protected].