Legal Question in Wills and Trusts in Arizona

Re: Probate a no will death

If the value of the real property is less than $75,000 and the value of the personal property is less than $50,000, then the family can transfer the property with an Affidavit. If the value of the property exceeds those limits, then they have to open a probate. They can appoint you the Personal Representative if they want.

You can get the forms you need here:

http://www.superiorcourt.maricopa.gov/ssc/forms/forms_available.asp

See the Small Estate Transfers page and the Informal Probate page.

Either way, it is a good idea to hire an attorney to help you. Especially if you have to go the Informal Probate route. Contact an estate planning attorney.

Re: Probate a no will death

Probate "forms" are available, but probate is tricky even for attorneys who do not specialize in estate matters. Get more infomation if you choose in a free, no obligation consultation at 480.835.1500. The purpose is to allow more facts, questions and issues to be addressed. Remember, as personal representative you have legal liability to do everything correctly. Get help.

Re: Probate a no will death

Only the probate court can appoint someone to act as personal representative of an intestate (no will) estate. They can file a waiver and consent to your appointment. The forms are available on the website of the self service center of the Maricopa County Superior Court