Resources for Seniors

questions & answers

Question: Our son who was 41 committed suicide. he did not leave a will. I need to have power of attorney so I can deal with his estate. Do we have to file something with the probate court? If so how do I go about that?

Answer:

Under Arizona law, a deceased person’s estate (as long as that deceased person resided in Arizona when they died) will fall under Arizona probate law. A.R.S. § 14-1301(1). The estate of a deceased person that dies without a will passes by rules laid out by state law, rather than instructions in a will. Heirs of the deceased person will take shares of that person’s property according to those rules. A.R.S. § 14-2101(A). In order to start the process of distributing the deceased person’s property, a person related to the deceased (surviving spouse, adult child, parent, sibling, or other heir) must apply to become a “personal representative” (also known as an “executor” in other states) of the estate. A.R.S. § 14-3301(A). Necessary forms for the “informal” probate process for Maricopa county (including an application for appointment as personal representative) can be found here: https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/ProbateCases/prob_pbip1.asp https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/ProbateCases/prob_group_10.asp 

For more detailed information on the complex process of probate, please consult an attorney.