Legal Question in Wills and Trusts in Arizona
Can you start probate court without the death certificates?
My mother in law passed away suddenly in January. We live in Arizona. I was wondering, can you go start the proceedings with probate court without the death certificates. We haven't received them yet and I was hoping someone could give me an answer on what we can do. My mother in law left the house, verbally, to my husband. No one else in the family wants it and isn't going to fight for it. She did not leave a will. She had the papers but unfortunately did get to finish them. My husband wants to get the process started to become the administor of the estate and get all of the affairs and things in order. Its been a little bit of a hassle. Can I get someone's advice on what the correct proceedings on how to achieve this.
2 Answers from Attorneys
Re: Can you start probate court without the death certificates?
Yes, you can begin probate. A death certificate is not necessary to begin probate, but if your mother-in-law had a spouse or other children, your husband may need their written consent for his appointment as personal representative of the estate. There may be problems with the verbal gift of the house to your husband if the rest of the heirs do not agree. If they do agree, it will be very important to document that well so that your husband does not have legal problems if they change their mind in the future. If you have further questions you may contact me by e-mail or phone.
Re: Can you start probate court without the death certificates?
The answer by Gloria Meyer is correct. I suggest that it will be well worth your while to hire legal counsel to advise and represent you, in order to accomplish your goals. Also, it is important to get this process started asap. If the decedent passed in January, you should have the death certificates by now. So long as nobody is acting or complaining, your husband should take action at once.
If you want to consult with me, I am happy to do so. We can meet for just an initial consultation or you can retain my services to commence the probate at once.
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.
