Conroe, TX asked in Real Estate Law for Arizona

Q: My mother died without leaving her parcel to anyone in her will. My sister is the executor of her estate.

Can this be quitclaimed? We do not live in AZ.

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2 Lawyer Answers
Carol Lynn de Szendeffy
Carol Lynn de Szendeffy
Answered
  • Cave Creek, AZ
  • Licensed in Arizona

A: If your mother was not an Arizona resident, her executor, once appointed in her home state, may file a Proof of Authority with the Arizona Probate Court. Under Arizona law a Proof of Authority allows an out of state executor to exercise all powers of an Arizona personal representative (executor) with respect to assets in Arizona, including signing a deed on behalf of your mother's estate.

1 user found this answer helpful

Peter H. Westby
Peter H. Westby
Answered
  • Scottsdale, AZ
  • Licensed in Arizona

A: I recommend speaking with an attorney in the State where the real property is located. In many states, such a property can be deeded directly from the estate to the estate beneficiaries but attorney guidance is strongly recommended to avoid a mistake.

1 user found this answer helpful

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