questions & answers

Question: My widowed mother disinherited my sister who is my only sibling. Her will states that she has 2 children and my sister and I are named. She states that "I am making no distribution to (sister's name inserted) in this will." I am the executor and I am the sole inheritor of her entire estate. Am I required to notify my sister of our mother's' passing? Am I required to post a notice in the local paper here or, if public notice is required and I post it online? Where? The sister is in Florida. My mother and I live in Arizona.

Answer: A will must be processed through the Arizona probate court (A.R.S. Title 14, Chapter 3, Probate of Wills and Administration) in the county where the deceased resided.  Due to the complexities of probate procedure, legal representation is highly recommended.  These complexities include specific notice (mailing) requirements to all heirs (relatives not receiving under the will) and devisees (persons receiving under the will).  In other words, a “disinherited” person has certain rights pertaining to the probate process, until the court determines otherwise.  Statutory time limits apply to these and the numerous other steps involved in the probate process.