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Arizona Probate Questions & Answers
1 Answer | Asked in Probate for Arizona on
Q: How do I go about getting my grandma/moms house in my name?

So I lived with my grandma since I was 5 days old. She wanted the house to go to me when she died but they will got lost somehow. It's a really crazy story but yeah. I've tried having a lawyer and it didnt work out, came down to getting one last signature for probate and he wouldnt sign... Read more »

Andre L. Pennington
Andre L. Pennington answered on Oct 22, 2021

There are not enough details here to give an answer, but please feel free to reach out if you’d like to discuss.

1 Answer | Asked in Probate for Arizona on
Q: A bond ordered, I am having problems getting it. Can I start process , pay debts, ext., before get bond? Not sure I can
Peter H. Westby
Peter H. Westby answered on Oct 16, 2021

I recommend that you consult with a probate attorney before taking any action. Since you have been ordered to post a bond, your appointment to serve as personal representative will not be made until the bond is posted. Any action attempted prior to your court appointment is unwise and will be... Read more »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Is my share worth the market value of the property in 2021 or the market value at the time of his death in 2011?

I inherited my father’s share of a home that is titled “Tenancy in Common”. The other owner is his 2nd wife of 35 yrs. In his will, she has a life estate of my father’s share. My father passed 10 yrs ago. His will has not been probated; 50% of title is still in his name. The wife is... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 17, 2021

I am sorry for the loss of your father and all of these challenges.

Unfortunately I cannot answer your question about value of your interest, without reviewing your father's will, and without additional information. I strongly urge you to find an attorney in the county in which the...
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1 Answer | Asked in Probate for Arizona on
Q: Can you stay inside a house that is going through probate in Mohave county AZ?

My wife grandmother pasted away few days ago and we are looking to move inside her house but don’t want to make a mistake. My wife has a Will from her grandmother which state she is leaving the house to us. We are planning to start the probate process within the next 30 days.

Ilene L McCauley
Ilene L McCauley answered on Sep 14, 2021

I am so sorry for your loss.

A Last Will only has authority after the Last Will is admitted into probate and a Personal Representative is appointed. Find an attorney in Mohave County to help you . After the Last Will is admitted and the Personal Representative is appointed, the attorney...
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2 Answers | Asked in Probate for Arizona on
Q: My mother passed away this year in Maricopa county. Her house has about $144k in equity and I want to buy out 2 brothers

I am the personal rep of her estate. Will I need to do Deed of Distribution and quitclaim deeds for the two brothers? Also, one is in jail so what happens to his part of the buyout and how do I get those forms signed?

Ryan K Hodges
Ryan K Hodges answered on Sep 13, 2021

The buyout can take various forms. The most straightforward version is to buy it from the estate for fair market value. The estate would then later split the money when the time comes.

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2 Answers | Asked in Probate for Arizona on
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... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 6, 2021

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...
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1 Answer | Asked in Probate for Arizona on
Q: I have filed to have my sister removed as PR. The judge said I didn't file right.. Please help on which papers to file

I need proof of serving her. And a petition to request to be PR.

Andre L. Pennington
Andre L. Pennington answered on Aug 11, 2021

You’ll want to consult with an experienced probate attorney. This can be a complicated process.

1 Answer | Asked in Probate for Arizona on
Q: Az Probate statute of limitations? Personal Rep failure of duties. Thank you
Ryan K Hodges
Ryan K Hodges answered on Aug 2, 2021

It sounds like you are asking what the statute of limitations is for a personal representative who does not fulfill his or her duties. The timeframe is two years for such.

1 Answer | Asked in Probate for Arizona on
Q: When filling out the valuations of property for probate, do you use the tax valuation or the market value for a house?
Ryan K Hodges
Ryan K Hodges answered on Jul 12, 2021

You can use either one. Just make sure you specify which it is.

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: Who owns the property ?

My stepmom and father passed away within two weeks of each other. My dad survived her by 10 days. The deed to their house is set up for right to survivorship. For probate purposes is my dad the sole owner of the house (since she passed away before him) or is it community property (split equally in... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on Jul 10, 2021

The answer to this question is in a reading of the deed. That document controls what happens.

For most Arizona deeds for married couples, the title is held in community property with an additional paragraph or page that says upon death the share goes to the surviving spouse. Older deeds...
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1 Answer | Asked in Probate for Arizona on
Q: Could you help me find a Pro Bono lawyer?

Due to an auto accident I had about 8 years ago, I sustained a concussion which resulted in a condition called Absent Seizers or Petit Mal Seizures. With proper medication which I ingest twice per day, I have not experienced one seizer since I started taking the medications. But since my recovery,... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 9, 2021

You can try one of these services:

Community Legal Services: (602) 258-3434

Legal Aid of Arizona: (480) 658-2552

Arizona Bar Foundation: (602) 340-7366

And, further to clarify, family law refers to divorce and child custody. You are most likely looking for a probate attorney to help you.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: If I am not on my mom's bank account and she passed away, am I responsible for the "overdraft"?

My mom got SSI direct deposited every month of $947. It is supposed to deposit to her account the 3rd of every month. However, her money has always hit a few days before that. She got her March check deposited on 02/26/2021. She paid her rent, bills, etc. She passed away on March 2nd with a whole... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 6, 2021

I am answering here just to let you know that this is not a family law question. This is a question for a probate attorney. Family law refers to divorce and child custody cases. I think that because it was labeled family law, you haven't received an answer because this isn't an issue... Read more »

1 Answer | Asked in Probate for Arizona on
Q: How can I get a letter of administration.
Nina Whitehurst
Nina Whitehurst answered on Jun 16, 2021

You need to petition the probate court to open a probate case (estate) and to have yourself appointed as the personal representative for the estate. A probate attorney can help you with this.

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Is a holographic will valid if the testator is physically disabled, but is dictated and witnessed?
Douglas Price
Douglas Price answered on May 24, 2021

What you describe does not sound like a holographic will, which is a will entirely in the handwriting of the person making it and signed by that person (even if not witnessed or notarized). So I believe that the short answer to your question is that the testator died without a will. As such,... Read more »

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1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Arizona on
Q: As a Executor how long legally can you hold claim to this title?

My sister and brother are executors of my mothers affairs. 9 years later my parents mtg servicing co sends statements to the estate of my parents both named both deceased. The deed is recorded with my name and the 2 executors. While 1 other brother and I are paying pymts taxes insurance and all... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on May 16, 2021

If nothing was filed with the courts, then they are only named as Executors, they have no power as they are not court appointed. I presume you are living in the property, but you need to speak with an attorney sooner rather than later. They are taking advantage of you, not following proper... Read more »

2 Answers | Asked in Probate for Arizona on
Q: How do i get the deed in my name after probate? I

My step-dad left the house to my mom in his will. She never put it in her name. Both have passed. His wife illegally put the house deed in her name. We went through probate. I won. The judge said the wills are valid and she has no legal claim to the house. Illness,covid, and family deaths all hit... Read more »

Andre L. Pennington
Andre L. Pennington answered on Apr 19, 2021

Typically you’ll need to record the deed of distribution with the Recorder’s Office to put the home in your name. You may need the assistance of an experienced probate attorney to ensure all was done correctly.

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2 Answers | Asked in Probate for Arizona on
Q: Does a mother become next of kin if son dies but has a son as well?
Ryan K Hodges
Ryan K Hodges answered on Mar 31, 2021

If your son has a son (your grandson), then the grandson would be the next closest heir, assuming your son is not married. If your son is married, this his spouse would also be an heir.

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2 Answers | Asked in Probate for Arizona on
Q: credit card debt claim made within 4 month probate window, claimant is debt collector, not CC co. Does estate pay?

The estate has the funds but CITIBANK had forwarded to a debt collector. Ascension point.

Andre L. Pennington
Andre L. Pennington answered on Mar 30, 2021

Typically speaking the creditor will have to show that proof of the claim was assigned to them; however, if they can and they have filed a claim with the PR or the Court, these debts are generally payable. To find out for sure you should contact an experienced probate attorney.

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1 Answer | Asked in Estate Planning, Criminal Law and Probate for Arizona on
Q: Heir of an intestate Arizona estate engaged in discovery. Estate had conservator for 5 years. What order do I need?

My subpoena revealed account numbers & signature cards. During a meeting with the banker they looked up one of the accounts & said there had been a substantial amount of activity giving the impression business was being conducted from an account. A call was made with me present. Banker said... Read more »

Andre L. Pennington
Andre L. Pennington answered on Mar 24, 2021

You'll likely need to hire an experienced probate attorney to help with this. It's a complicated situation that is impossible to answer with the information provided.

3 Answers | Asked in Probate for Arizona on
Q: Father who was married when he expired had no will. What rights does the children have when it comes to his assets?

His assets include a condo, vehicles, and personal items.

Andre L. Pennington
Andre L. Pennington answered on Feb 7, 2021

Here is the applicable law:

14-2102. Intestate share of surviving spouse

The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse:

1. If there is no surviving...
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