Losing Spouse/Parent

questions & answers

Question: what has to go through probate court after death of a spouse when everything is in my name too

Answer: Joint ownership with right of survivorship (real estate, bank accounts, life insurance) will transfer fully without the probate court involvement. Probate courts, whether with a Will or without a Will (Intestacy), can only address assets within the estate, but most people have a non-joint ownership interest in household and other personal property. Because Arizona is a ”Community Property” state, anything shared with the spouse or considered ’Separate” Property, unless a valid Will says otherwise, passes via Community Property laws, partly to other heirs (if any). In other words, it is usually advisable to have a written Will or Living Trust in place—and many resources help a person self-prepare or cheaply prepare such documents without paying a lawyer. For more information about wills and self-help please click here.

QUESTIONS

  • what has to go through probate court after death of a spouse when everything is in my name too

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • Age discrimination in the workplace. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

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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

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