Legal Question in Wills and Trusts in Arizona
Probating out of state question
Hello, my father passed away in September of 2006, he has a mobile home in Arizona in his name that my uncle has been residing in, I am the executrix and live in Massachusetts (my father also resided here), the value of the mobile home right now is $52,064.00. My question is, do I need to probate this? I was told anything under $ 75,000.00 may not need probate in Arizona. My dad had a will and left everything to my sister and I- we are currently probating his Massachussets residence. Thanks for any info.
2 Answers from Attorneys
Re: Probating out of state question
As the other answer has indicated, the status of the mobile home, in the state where it is located, is important to know. In general, if real estate is involved, "ancillary probate" is typically required, meaning that an "exemplied copy" of the probate proceedings in Massachusetts would have to be filed in Arizona, and a related proceeding in Arizona be entered.
If it is not considered "real estate", it is personal property, and you can deal with it as any other personal property of the estate, selling it and reporting it on your Massachusetts probate account just like any other objects or things of value sold and converted into cash in Massachusetts or elsewhere.
(You are certainly advised to engage the assistance of competent probate counsel in Massachusetts, who could assist you in the whole Massachusetts probate process.)
Re: Probating out of state question
Some additional facts are needed. Is this a mobile home, where the lot is rented and not owned, or a mobile home affixed by legal instrument to the land? It makes a huge difference in the answer to your question. If not affixed, the mobile home is personal property, not real property.
Re-submit, or feel free to email me directly with additional facts so I can respond and help you.
Best regards
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