Q: What steps to take if a trust cannot be found after the deaths in Arizona?
I've discovered that my aunt passed away in 2019 in Yuma, Arizona, and her only child died six months later. She had a trust, which cannot be found, and no spouse or other immediate family exists—only seven first cousins, including myself. Her house and savings have remained untouched since her passing. What steps can I take to resolve the situation, given that no probate proceedings have been initiated and I have no information about potential executors, heirs, or trust-related contacts?
A:
In Arizona, if someone passed away more than two years ago and left behind more than $75,000 in personal property or $100,000 in real property, a probate is generally required. This situation is more complex than usual, so I strongly recommend reaching out to a probate attorney who can help you navigate the process and resolve any issues. It is likely that her son's estate will be the primary beneficiary. After that, Arizona's inheritance laws will determine how the remaining assets are distributed to other relatives.
The cost of probate in Arizona typically ranges from $5,000 to $10,000, which includes attorney and court fees. These expenses are generally paid from the estate's assets. However, if the estate's value is below the threshold for probate, a small estate affidavit process might be an option. Given the complexity of this matter, consulting with a probate attorney is crucial to determine the best course of action for your specific situation.
Peter H. Westby agrees with this answer
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
