Legal Question in Wills and Trusts in Arizona

Probating from out of state

Hi, I am personal rep. of my father's will, he has a home in Massachusetts that I'm starting probate on, and a mobile home in Arizona in which my uncle has been living in. How do I go about probate in Arizona?(I live in Mass.) the Arizona mobile home was bought for $62,000, about how much would probate cost for this? Does probate look at ALL real property or only the property located in that state?


Asked on 10/21/06, 12:00 pm

2 Answers from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: Probating from out of state

If the decedent was a resident of Mass., only in the property in AZ is subject to probate and probate would only be required for real property, not personal property or mobile homes which are treated as vehicles. If the mobile home was deemed to be real property, then probate would be required only if it (all of the AZ assets) is worth more than $50,000. If worth less than $50k, then the property can be transferred by affidavit.

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Answered on 10/21/06, 5:15 pm
James Jenkins Jenkins Law Center PLC

Re: Probating from out of state

I agree with the previous answer, except as follows:

The mobile home needs to be probated in Arizona only if it is "affixed" to the land, in other words if your father owned the land as well, and did not rent, and had purchased the home as one with the land, or someone had recorded an affidavit of affixation. I could tell the condition of the title only by seeing the deed, or the title to the mobile home.

Since you are already a personal representative, there would be no transfer by affidavit, but instead an ancillary, or side, probate. Cost is not as much as a full probate, but more facts need to be known here to say.

Be aware that if the home is in a rented park, you must move quickly. Mobile homes on a rented lot are difficult to sell and go for low prices.

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Answered on 10/23/06, 3:47 am


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