Legal Question in Wills and Trusts in Arizona

Mother passed in Arizona after living with me for 8 yrs. Named me exec. of her estate and/or personnal rep should her estate need to be filed in probate. It was.

She had home in Texas, was not sold before her death. There are other heirs.

Texas wants an affidavit for Transfer of title before I can sell it. It has to be certified by the Superior Court here. On Arizona's form, it states there is no representitive. How can I have that certified when I AM the personal representitive????? Would appreciate any advise that would be helpful. Thanks

Asked on 4/12/13, 6:41 am

1 Answer from Attorneys

Frank Waters Frank T. Waters, Attorney at Law, PLLC

The matter in Texas may require speaking with a Texas probate attorney. Affidavits for transfer are typically a small estate proceeding that does not require all the formality of probate. No "representative" is appointed. However, the only way to be the "personal representative" is to file for full probate. You are only the "personal representative" if you are appointed by the probate court, otherwise you are the "executor" of a will, or "successor trustee" of a trust. So it sounds like Texas wants you to file for probate in Arizona, and you may need to contact a probate attorney in your area to do so.

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Answered on 4/12/13, 10:41 am

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