Legal Question in Wills and Trusts in Arizona

Re: probate

This might be more complicated than could be answered here. A review of the lien documents and will would need to be done, as well as a knowledge of the value of other assets in the estate to see if a probate would be needed or not. A lien interest in real estate will not automatically pass to someone named in a Will. If the total interest of the decedent in real estate (in his entire estate) is less than $75,000, it could be transferred by affidavit procedure with the court, but only after six months of the death, etc. Otherwise there would have to be a probate. There might be a probate anyway for other assets.

When you state that he "filed such with the state" I do not know what you mean. Did he record something with the County Recorder? More facts would have to be known to give an opinion. Perhaps your ex should consult with an estate attorney.