Glendale, AZ asked in Probate for Arizona

Q: In AZ probate law, how do I handle "waiver of of bond" when there is no will and the heirs to the estate are all minors?

I am petitioning to be personal rep. of my brother's estate (informal probate). He died without a will. He has 5 children under the age of 18. He was never married and my sister and I are his only siblings. Our parents are dead. His estate is estimated to be less than $20,000. It says that all heirs of his estate would have to sign a waiver of bond to not need one, but the heirs are his 5 children and they can't sign a waiver. Can I proceed without needing a bond or the waivers? What should I do?

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1 Lawyer Answer
Andre L. Pennington
PREMIUM
Andre L. Pennington
Answered
  • Probate Lawyer
  • Surprise, AZ
  • Licensed in Arizona

A: Estates that are valued at less than $75,000 are not required to go through probate. You should contact an experienced probate attorney to guide you in the right direction, but here is a link to help:

https://superiorcourt.maricopa.gov/media/4062/pbse1z.pdf

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