Legal Question in Wills and Trusts in Arizona
probate or no probate?
my father passed away 3 months
ago. he ran a business from his home
(less than $40k gross per yr- with no
employes), has very little credit card
debt, had no health insurance but
left a small final hospital bill (less
than $5k). he just bought his house
7 months ago (no $ dwn & no closing
costs) and he has a car with very
little still owed on it. his bank account
has just over 10k and he is the only
signer.. my sister and i are the only
living relatives. he had no will or
trust. do we handle it ourselves or do
we need a lawyer? i do not want his
house to for-close-nor his car to be
repossessed. we have handled his
business by referring his clients to
associates my dad trusted and
worked with. is there any way
around probate in AZ?
2 Answers from Attorneys
Re: probate or no probate?
You should go to the self service center at the Superior Court (accessible on the internet). There are forms and instructions there to tell you how to handle this estate. An informal probate is require to transfer real property to you and your sister.
Re: probate or no probate?
If the personal property (non-real estate) is less than $50,000, you can transfer title to the car and get the checking account funds with affidavits of survivorship. The bank does not provide these documents. You will probably need a lawyer, but may be able to avoid probate. Your message does not state what you intend to do with the house. Six months after your father's death you can do similar affidavits to transfer real estate title, but must pay the mortgage to avoid foreclosure. If you do not intend to keep the house, you can let it go back. See an estate attorney. We offer free initial consultations. 480.835.1500.
Best regards.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
