Legal Question in Wills and Trusts in Arizona

do I need to go thru probate?

my step dad passed away nov 30 08 and he left me with the truck which he still owes on it, umm he has a savings acct and checking acct. I have a Will here, me and my brother gets 50 50 of his estate. and the total worth of the estate is around 20,000.. there isnt any real estate. just his bank accts and the life insurance and his retirement me and my brother gets half and half of that. Do i need to go thru probate to collect the money out of his bank accts? what do I need to do to collect, the bank wont let me without probate. the money he has in his acct its only 9,000.. so what do I do please help. thanks


Asked on 2/16/09, 8:52 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: do I need to go thru probate?

You should go to the Superior Court, Probate Division, of the county where your Dad resided and learn if they have a form for the transfer of assets of a small estate by AFFIDAVIT. You can go to the self service center at maricopa.gov and download instructions and such a form. These may help you in your county. The affidavit is filed with a copy of the Will in the Court and copies can be shown to the Bank.

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Answered on 2/17/09, 11:44 am


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