Cathedral City, CA asked in Estate Planning and Probate for Arizona

Q: My father passed five months ago and there’s no open probate and his will has not been recorded. Is this normal?

My father and I didn’t have a lot of contact over the years, but he did tell me both that he had a will and that I was included in it. I don’t know how to find out since there appear to be no records. I believe my half-sister is living in his home and possibly intentionally concealing his will. What should I do?

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3 Lawyer Answers
Peter H. Westby
Peter H. Westby
Answered
  • Estate Planning Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: I recommend contacting a probate attorney in the state where your father resided at the time of his death. It is not unusual that a probate has not been filed. A probate is not always needed. It depends upon the size of the estate, its asset mix and the prior planning done by your father. Your probate attorney will assist you in getting more of the facts. If a probate is needed, he or she can help you file.

Gregory Christopher Poulos , Andre Lee Pennington and Nina Whitehurst agree with this answer

1 user found this answer helpful

Gregory Christopher Poulos
Gregory Christopher Poulos
Answered
  • Estate Planning Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: I totally agree with attorney Pete Westby. I would suggest you do a search with the Maricopa County Recorder to determine whose name is on the title. Meeting with an experienced probate attorney is in order.

Andre Lee Pennington agrees with this answer

1 user found this answer helpful

Andre Lee Pennington
Andre Lee Pennington
PREMIUM
Answered
  • Estate Planning Lawyer
  • Waddell, AZ
  • Licensed in Arizona

A: I agree with Peter and Gregory. Contacting an experienced probate attorney would be a good first step after checking the Recorder's website.

1 user found this answer helpful

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