Legal Question in Wills and Trusts in Arizona
Died w/Surviving Spouse and Will
Man died with poorly executed will. Survived by spouse. Has property with both Right of Survivorship. Will gives away property. If survived by spouse is will executable? Can 1/2 of property be given away if title held JT/RS? Man always assumed he'd outlive spouse as 15 year age difference.
Property is worth less than $75,000 and entire estate is worth less than $85,000. Probate needed?
State of Arizona resident and will was do-it-yourself variety that was signed by man and notarized.
1 Answer from Attorneys
Re: Died w/Surviving Spouse and Will
Joint tenancy with right of survivorship passes outside of probate in its entirety to the surviving joint tenant. Probate estates over $50,000 must go through the court system. Smaller estates can be handled by affidavit. For a $75.00 phone consultation, please call 1-800-677-1010. Keith Knochel, [email protected].
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