QUESTION

In Arizona, is a will valid if it was typed at home, no witnesses to the testators signature, never filed with the courts and no probate either

Asked on Feb 21st, 2017 on Wills and Probate - Arizona
More details to this question:
I am an only heir to a parents death and I can not get the (supposed) will from some person who has the originals. How can I make this person give me the will ? There is no Probate and I know that this person is not an appointed personal representative and has no legal rights to keep it from me or assets to be distributed. Can I get a simple answer in an e-mail please? Thank you so very much.
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1 ANSWER

Maryellen Sullivan
Simple answers are rare in the law, but I can give you some information that may help.  Wills only apply to probate property, which is property owned solely by someone who has died (the decedent) with no named beneficiary or pay-on-death designation.  These type of assets require some sort of probate process to transfer.  To transfer, you must be appointed personal representative of the estate, which is done by filing an application with the probate court for the region where the decedent lived.  If the decedent's probate assets are worth less than $75,000 and there is no real estate, you can use a small estate affidavit to transfer them rather than probate appointment.  You can be appointed personal representative of the decedent's estate without the Will.  On the court form, you could indicate that you have been unable to find the Will.  You also could incllude information on this person you believe has a Will.  Either way, you would get appointed as your parents' heirs.  You then would have the legal authority to pay estate bills and then distribute the remaining assets in accordance with either the Will (if the person comes forward and files it) or with the laws of intestacy.  The laws of intestacy provide that assets go to children if there is no surviving spouse.  If you have a deceased sibling who left children, those children are entitled to their parent's intestate share.  Again, the laws of intestacy only apply to probate assets.  
Answered on Feb 22nd, 2017 at 5:52 AM

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