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For example, the personal representative has the power to acquire or dispose of an asset and sell, mortgage, or lease any real or personal property of the estate.
In reality, there isn't a significant difference between the two, and the terms can be used interchangeably in many cases. The primary difference lies in which state has jurisdiction over the probate. Some states use the term Personal Representative, and some states use the term Executor.
Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing or order of court.
Completing a small estate affidavit in Arizona can speed up and simplify the process of managing a deceased person's estate without the need for formal probate. It can be used only for estates with a relatively low total value, and also has to meet other criteria.
To get title to the property after your death, the beneficiary must record a certified copy of the death certificate in the recorder's office. No probate is necessary. Use Nolo's Quicken WillMaker to make a beneficiary deed or transfer on death deed in any state that allows it.
A Beneficiary Deed is sometimes called a transfer-on-death (TOD) deed and is allowed in 31 states, including Arizona. It can be used to transfer an owner's Arizona property interest to another person upon the property owner's death.
Timelines for transferring property after the owner's death vary by state and can range from a few months to over a year.
With or without a will, the transfer of property after death requires going to probate court. However, this can be bypassed entirely if the deceased has a valid trust in effect.
How ownership is transferred. To get title to the property after your death, the beneficiary must record a certified copy of the death certificate in the recorder's office. No probate is necessary. Use Nolo's Quicken WillMaker to make a beneficiary deed or transfer on death deed in any state that allows it.
Steps to Create a Will in Arizona Decide what property to include in your will. Decide who will inherit your property. Choose a personal representative to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses.