Do I inherit me deceased spouses credit card debt in AZ?
My wife recently passed. She has one credit card with a balance. It is her card alone, I'm not joint on it or an authorized user. We're in Arizona and I'm unsure if the debt passes to me?
Possibly. Based on Arizona CP law, if debt incurred for CP purpose, you are responsible.
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I am sorry for your loss. As my colleague noted, you could be responsible for the debt.
If there is no will then you must follow the procedure under intestate and who gets what depends on the number of beneficiaries there are and any number of other circumstances. This is one summary of intestate https://bit.ly/3AT5K4t. If the decedent had a spouse, they have priority to open probate and get appointment as the personal representative. If there is no spouse, then a child may open probate, if no children then siblings would be under priority.
This is the general process for appointment under informal probate https://superiorcourt.maricopa.gov/llrc/prob_group_10/. While this relates to Maricopa county forms, the process is the same in other Arizona counties so look at their website to see about local forms and resources. For small estates, you may be able to use the small estate process and avoid probate. If the decedent passed in Maricopa County, the packet with forms and instructions is here https://superiorcourt.maricopa.gov/llrc/prob_pbse1/. If it was another county, google and see if there are similar forms.
The following are some general resources to help in this process. This article is a brief overview of the probate process https://bit.ly/37cO1Zx. This has various links on law and resources https://bit.ly/3qR4gT0. If you are concerned that probate may be opened without your knowledge, you can file a demand for notice https://superiorcourt.maricopa.gov/media/4194/pb19fz.pdf.
If you cannot afford an attorney under a full representation or you prefer to do this yourself but with the opportunity to get legal advice as needed, along the lines of a coach in some ways, you should consider hiring an attorney as needed under a limited representation. This provides a general overview and some Q&As on this type of representation https://bit.ly/2RaeHEP. Our office and others offer these services so reach out and see if this option makes sense for you and this matter.
Review these resources and reach out to a probate attorney if you have questions. Some attorneys will discount their fees based on your financial situation.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
Unless you had a prenup or postnup in place, you are responsible for the debt.
Arizona is a community property state. Under those laws, a debt contracted by one spouse belongs to the marital community that both of you own. This is true even if you were unaware of the debt or kept your finances separated. If the debt is not paid off by the estate, the creditors could come after you for it.
This answer is for informational purposes only and is not legal advice nor does it create an attorney-client relationship. I'm licensed only in Arizona.