Asked in Probate for Arizona

Q: My father suddenly passed away from COVID and left no will. he lived with his mom I'm only child. He wasn't married.

My question is about his property. He had a truck, motorcycle, personal items and a bank account. My grandma said what's in the account he owes her so she gets that and she said the truck and other items aren't going anywhere until she says so. Is that legal? Is there something I have to do in order to get his belongings since I'm the only child it all goes to me right? Do I need to file something through the court to be able to take his things? I appreciate any information/advise. thank you.

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2 Lawyer Answers
Andre L. Pennington
Andre L. Pennington
PREMIUM
Answered
  • Probate Lawyer
  • Surprise, AZ
  • Licensed in Arizona

A: I am sorry for your loss. Based on what you've stated, it sounds like you're the the sole heir and person who can control the estate. The how depends on the value of the estate. It'd be good for your to speak with an experienced probate attorney.

1 user found this answer helpful

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

A: I am so sorry for your loss.

Unfortunately there may not be a simple answer to your questions. Assuming your father was not married, he had no other children, and he did not have any joint bank accounts with others, then you may be the sole heir.

I strongly urge you to set up a consultation with an Attorney in the county in which your father died. The attorney will ask you many other questions before the attorney can advise you.

You may be able to assert your rights by Affidavit. Or you may need to open a probate. There is no simple answer here.

1 user found this answer helpful

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