Legal Question in Wills and Trusts in Arizona
In Arizona, there is beneficary deed on house-property of deceased person. A will splits everything in the estate 3 ways, it did not mention the deed. It is my understanding the deed takes everything out of the estate pertaining to the house, such as taxes, even past taxes not paid, electric and gas bills etc..
1 Answer from Attorneys
The house passes automatically under the beneficiary deed and outside of probate. A will normally instructs the personal representative to pay the decedent's debts. In my opinion, the electric and gas bills should be paid by the decedent's estate, but property taxes attach to the property and would not necessarily have to be paid by the estate unless the will instructs otherwise. Look closely at the will to see if it dictates whether the house will pass subject to encumbrances.
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