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.
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.