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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.

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Attorney answers 3

Posted

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.

Asker

Posted

I am not sure my son (his nephew qualifies to petition for an informal probate. Which rule does he satisfy?

Celia R Reed

Celia R Reed

Posted

If he doesn't qualify to petition, he can't qualify as personal representative. If your brother died without a wife or children and his parents have predecessed him, then his siblings qualify and if they decline, the siblings offspring qualify.

James P. Frederick

James P. Frederick

Posted

Celia~What if someone that DOES have priority nominates him to act? That would work in Michigan. James

Celia R Reed

Celia R Reed

Posted

No - it doesn't work that way in Az. The people with priority need to waive their rights. I also get them to include a provision that they agree to the appointment of the prospective PR, but there is no nomination.

Posted

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.

Celia R Reed

Celia R Reed

Posted

Thanks Gary!

Gary Todd Dupler

Gary Todd Dupler

Posted

My pleasure! Just telling the truth.

Posted

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

James Frederick

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