Legal Question in Wills and Trusts in Arizona

Re: No POD Banking Account & Probate

The answer depends on whether the accounts and house were separate property or community property and how the how was titled. You should consult an attorney to help your figure this out.

Re: No POD Banking Account & Probate

If her total assets were less than $50,000, then you could utilize an affidavit form to distribute her estate to you and your step father, in equal shares, since Mom died survived by her spouse and one child.

Because there is real estate involved, you must file a petition in the probate court so that title to the real estate can be passed to the heirs (and so the property can be sold or one of you can buy out the other's interest). If you have no dispute with your step father, the probate process can be informal, and the two of you can work together to close the probate in as little as 6 months.

Re: No POD Banking Account & Probate

I will have to respectfully disagree with one the the attorneys who filed a response.

The small estate collection procedure, by affidavit and without probate court filing, can be done in Arizona if the real estate interest is less than $75,000 and if the personal property (everything else) is less than $50,000. So more facts are needed here to be able to express an opinion. Also, much could depend upon how the house title reads. Tenancy in common? Joint tenancy? Life estate? Community property? Right of survivorship? I would have to see the deed to definitively determine that.

Here is another example for the public: If you don't make your own estate plan, the State of Arizona has one for you, but it might not be the one you want, and it will cost your heirs time, hassle and expense.

See an estate attorney with all facts and documents. We offer free no obligation consultations. For more free information see our blog at JenkinsLawCenter.blogspot.com

Good luck and best regards,

James D. Jenkins