Phoenix, AZ asked in Probate for Arizona

Q: If a decedent did not leave a will and spouse receives a check in the decedents name, does the spouse go Thru probate

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1 Lawyer Answer
Gregory Christopher Poulos
Gregory Christopher Poulos
  • Probate Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: There is not enough information in your questions to provide a full answer. It may depend upon the amount of the check and the possible beneficiaries. If the amount of the check is below the amount required for filing probate in Arizona you may be able to contact the issuer and have them re-issue the check when you present them will the proper affidavit for the distribution of personal property. If the amount of the check is too high, a probate may be necessary. Again the check in that case would have to be reissued in the name of the estate. At this point, you cannot do anything with that check.

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