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My brother died intestate in AZ (unmarried, no children). Can I file for informal probate with my son as representative?

Cincinnati, OH |

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.

Attorney Answers 3

  1. 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.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

  2. 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.

    If this answer is helpful or you feel it is the best answer, please click that option. This response is for general informational purposes only and not for the purpose of providing legal advice. The writer is only licensed to practice law in TN. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the answers by the named attorney do not create an attorney-client relationship between said attorney and the user or browser.

  3. I agree with my colleagues and would suggest that you contact Celia Reed for more information on how to proceed.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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