Losing Spouse/Parent

questions & answers

Question: My mother recently passed, leaving an estate of around 100 K, plus her house. Would a probate filing be required for an estate of this size? I am named as executor, and am one of 3 children. Can I handle the paperwork without an attorney?

Answer:

In Arizona, there is a "small estate" court procedure available, which avoids probate and expedites estate distribution, if certain requirements are met.A.R.S. § 14-3971   You can obtain the court forms online or the county Superior Court can provide the proper forms such as an Affidavit of Succession to Real Property. The major requirements for the small estate process, which can be used without an attorney, are that:

·       the claimant be related to the decedent or have a legal interest in the decedent’s property,

·       the value of decedent's Arizona real property (market value minus loans) is $100,000 or less, and the value of other assets is $75,000 or less (as of 2015) and,

·       the applicable post-death waiting periods have passed (minimum 30 days; 6 months if real property involved).

Comments:

QUESTIONS

  • My mother recently passed, leaving an estate of around 100 K, plus her house. Would a probate filing be required for an estate of this size? I am named as executor, and am one of 3 children. Can I handle the paperwork without an attorney?

STORIES

  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

  • Welcome to our Newly Redesigned Website! Let us know how we are doing! Please take a couple of minutes to fill out our survey.

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS