My brother died intestate in AZ (unmarried, no children) with an unexecuted will in his mailbox for signature declaring my son (his nephew) executor and sole heir. Can i file for informal probate in AZ and ask that another person (my son) be named representative? The other siblings are in agreement and willing to execute documentation as such.
Family Law Attorney
Usually the person who will serve as pr petitions and all others who have priority for appointment issue waivers for their own appointment and consent for the other person's appointment - here, your son.
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If your son wants to be personal representative, he should file the petition applying for the position. If all the heirs are in agreement and wiling to sign the proper waivers, his appointment should be a smooth process. Attorney Reed is licensed in Arizona and would be an excellent choice for the estate's attorney.
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I agree with my colleagues and would suggest that you contact Celia Reed for more information on how to proceed.
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