Executor Of Estate Form After Death Without Will In Phoenix
Description
Form popularity
FAQ
If you'd like to file as the executor of an estate with no will, we've outlined 6 steps for you to follow: Find out your place in line. Obtain waivers from other family members. Contact the court. File your administration petition. Go to the probate hearing. Get a probate bond.
If the decedent names a personal representative in their last will and testament, they're referred to as an executor. If the decedent did not have a will, or if the will was invalidated, the court will appoint an administrator to serve as personal representative.
Go to the probate or county court in the county your husband resided in and inquire as to whether you can attempt to do this yourself. It is recommended, however, that you obtain an attorney as this is often not a simple process.
If you decide to serve as personal representative, you need to be officially appointed to the position by the Court of the county in which the decedent resided at the time of death or, in the case of a decedent who lived in another state but owned real property in Arizona, in the county in which that real property is ...
An executor is often named in a decedent's will, but they may also be appointed by a probate court after volunteering or being called upon to serve. If a decedent has not left a will, a probate court will appoint an executor if it finds that this is necessary.
Opening Probate While some states allow up to six years to probate an estate, the state of Arizona will only accept probate cases that are opened within two years of the decedent's passing (ARS 14-3108).
An informal appointment or probate, or a formal testacy or appointment proceeding, may be commenced after the two-year deadline if no court proceeding concerning the administration or succession has occurred within the two-year period.
In Arizona, probate is always required for wills and assets that aren't in a trust or included in a transfer-on-death deed. Probate is also required for large estates consisting of personal property valued at over $75,000 and real estate property valued at over $100,000.
Probate Shortcuts in Arizona ValueOther Requirements Personal Property < $75,000 No ongoing formal probate Real Estate <$100,000 No personal representative appointed (or active during the last year)
