Mesa, AZ asked in Probate for Arizona

Q: My sister died in AZ without a will, do I need to wait 6 months to transfer her house title to myself to sell it?

I can use the small estate transfer by value of her assets, is this the best process? If I file for probate to sell her house will I have to pay her creditors

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

A: I am so sorry for your loss.

It is difficult for me to answer your questions with the facts you give me. I need to know whether your sister had other family...children, spouse or other brothers and sisters. Also who are creditors? Is there a mortgage (in AZ called Deed of Trust) on the property?

An informal probate can be a faster and easier way to gain access to the property, and deal with the creditors and other problems.

I strongly urge you to speak with an attorney to find out your best options.

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

A: It depends on the assessed value of the home whether you're allowed to use that process. There are a lot of unknown important factors that make it difficult to completely answer your question. I'd reach out to an experienced probate attorney so that he or she can get the facts required to give you options and the best answer.

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