Legal Question in Wills and Trusts in Arizona

Did Dad Leave A Will

You need to open some written lines of communication with your family. If there is no Will, as a beneficiary of an estate, you have the right in most states to go to court and have the estate administered. This is known as an intestate proceeding. If there is a Will, as a beneficiary, you have the right to have the Will probated. If you are unsure about whether there is a Will or not, you have the right to go to court to determine if a Will exists. However, the laws of each state may vary. In order to protect your rights, you should contact an attorney.

You might not have to start by opening lines of communication.

But it'd be easier if you did.

You CAN ask the probate clerk if a will's been filed without anyone in your family finding out. You could even seek to administer the estate without asking anyone's permission, but you would probably encounter resistence and wouldn't be allowed to do it.

I agree with Marshall who said you need to consult a local attorney. Don't be shy!

Obtaining a Will

Yes, you can obtain a copy of the Will since you are an "interested person" as a matter of state law. Moreover, the Will must be filed with the Court, and you can obtain a copy of the Will from the Court. Your first step should be to hire an estate attorney. Second, file a Demand for Notice. Third, contact the Court in the County your father was living in to see if the Will was lodged.

Finding Dad's will

If your father's estate has assets requiring probate, such as real estate, or larger bank/investment accounts, etc., the probate is public record, and this includes his will. Thus, a search of the county court's records will show whether probate has been filed. If so, you can check the file. Also, if probate is filed, you may receive a notice of filing in the mail.

However, if the amount of assets is small, or they were left to his spouse, or the assets were in a trust, there may be no probate, and no public records. If this is the case, you'd have to get the facts from the person handling your father's property.