Gilbert, AZ asked in Probate for Arizona

Q: Mom died with no will. Car is paid for but home is in forclosure. Do I still file in probate court?

Mom left no payable life insurance and hardly any $ in her checking account.

I am last surviving child and I paid for cremation services but can't afford to pay off her debt or save the house which is financed to the max, there is no equity in the home.

The car might bring $1000.00 at the most if I could sell it. but it is in her name only.

Anything of value from her personal belongings are gone and we think she sold them at some point in time.

I'm just not sure what petitioning the probate court for personal representative of her estate is going to solve

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3 Lawyer Answers
Andre Lee Pennington
Andre Lee Pennington
PREMIUM
Answered
  • Probate Lawyer
  • Surprise, AZ
  • Licensed in Arizona

A: It may be worth talking to a probate attorney to discuss the specifics, but check out this link: https://superiorcourt.maricopa.gov/llrc/prob_pbse1/

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

A: A probate may be helpful because it would enable you to sell the home before it is foreclosed upon. This is an option that you might consider if there is substantial equity in the home. A probate would also allow you to sell the car. If the amount of equity in Mom's home is less than $100,000.00 you might transfer it by a small estate affidavit instead of a probate. This procedure is faster and less expensive than a probate. Mom's car could also be transferred by a small estate affidavit. I recommend that you consult with a probate attorney to learn more about your options and what would best serve you.

Ilene L McCauley
Ilene L McCauley
Answered
  • Probate Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: I am so sorry for your loss.

In Arizona, when and estate is small, that means has personal property of $75,000 or less, you can use a small estate affidavit to obtain assets. Most banks have this type of affidavit. The sale of the car can also be done with the affidavit. I don't believe MVD is open, but you can use a vehicle title company to help you. They are located throughout the Phoenix Metro Area.

If the estate is worth more than that, you will probably need an attorney.

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