Wills

questions & answers

Question: Do I have to probate my father's will. He doesn't have many assets. Just some mineral rights. All I need to do is have the ownership changed to my self and my siblings.

Answer: A small estate affidavit (http://www.superiorcourt.maricopa.gov/sscdocs/packets/pbse1.pdf) can be used if the value of all of the personal property (cash, bank accounts, stocks and bonds, cars,
jewelry, money owed to the person who died, etc.) in the estate of the person who died (the “deceased”), wherever that property is located, less liens and encumbrances, does not exceed $50,000, and at least 30 days have passed since the death, and/or the assessed value of the real property (land and permanent structures on the land) in the
deceased’s estate located in Arizona, less liens and encumbrances as of the date of the deceased’s death, does not exceed $75,000, and at least 6 months have passed since the death, and/or you are the surviving spouse, and you want to collect up to $5000 in wages owed to the deceased, and/or
you are entitled to the real property and/or personal property, and have the legal right (“legal standing”) to submit an affidavit claiming the property because:
You are named in a will to receive the property and you can prove it; OR
The person who died did not have a will, but you are related to the decedent as:
1. Surviving Spouse, or
2. Child , if there is no surviving spouse – or there is, but he or she is not your
parent and your parent, the decedent, had separate or community property,
or
3. Parent, if there is no surviving spouse or child, or
4. Brother or Sister, if there is no surviving spouse or child or parent, AND
If there are people with equal or greater right than you to the property, they have all assigned their entire interests in the estate to you, which is proven by the copy of the documents they signed to this effect that you can attach to the affidavit.