Legal Question in Wills and Trusts in Arizona
Is probate required for holographic will?
My 92 year old mother has a holographic will. She wants me to handle everything when she dies. Will I have to go through court proceedings? She has CDs, savings, E & HH bonds all with POD beneficiaries (my surviving brother and myself). Value of remaining property is minimal, probably under $5000. Thank you.
2 Answers from Attorneys
Re: Is probate required for holographic will?
Your posting says that you are located in Illinois, but you are asking a question about how Arizona law would apply. If your mother is a resident of Arizona, any probate matter would have to be settled in that state, not in Illinois, even if you are the executor of her will.
You might want to repose your question to an Arizona attorney.
Re: Is probate required for holographic will?
From the facts as you have stated them, no, no probate will be required and assets in the probate estate can be transferred by affidavit filed with the court along with the holographic will. The answer does not depend upon whether the will is holographic or a properly typed, witnessed and executed (formal) will. The threshold for the requirement of probate in AZ, is whether the assets in the probate estate amount to $50,000 or more.
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