Libby, MT asked in Probate for Arizona

Q: Father passed and life insurance beneficiary died prior.

My dad had my mother listed as his beneficiary for life insurance. She passed away in 2008. I am the only child. I would like to avoid probate and if possible be granted rights via right of heir to this policy. Is this possible and what would I need to do to achieve it? If not would a small estate affidavit work ? My father died in AZ without any will. I live in Montana. He owned a truck fully paid off, small amount of household items ( he lived in fifth wheel.) He sold his pull camper and I have the title since it is still not fully paid off by new buyer. He is owed 700 hundred for it. His bank account had me as beneficiary which he held here in Montana and I received upon showing death certificate. The truck is also titled here in Montana. He was on disability and received a retirement pension. I also have the original life insurance policy.

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Probate Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: Since the policy beneficiary predeceased your father, in order to collect the policy benefits you will need to either probate your father's estate or use a small estate affidavit if the estate is small enough (less than $75,000.00) to make the affidavit procedure applicable. See ARS 14-3971

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