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

Asked about 1 year ago - 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. Celia R Reed

    Contributor Level 20


    Lawyers agree

    Answered . 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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  2. Gary Todd Dupler


    Contributor Level 14


    Lawyers agree

    Answered . 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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  3. James P. Frederick

    Contributor Level 20


    Lawyers agree

    Answered . 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. ******... more

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