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Wills

Beneficiary Deed Overrides Will

Question: Prior to her death, my mom prepared a simple will outlining her wishes to divide her property equally between me and my siblings. When I was cleaning out her drawers, however, I found a beneficiary deed that purported to give me her home upon her death. Does this mean that the house is mine? Answer: A beneficiary deed is…

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Arizona Probate Law for Someone Who Dies With No Will

When someone passes away without a will, they die “intestate.” Their assets will transfer to their heirs through probate court according to the laws of intestate succession. Unfortunately, intestacy proceedings don’t leave the decedent’s family and friends with much say over who gets what. Before we dive into the specifics of intestacy laws in Arizona, it helps to understand what…

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What Happens If a Will is Not Probated?

Probate can be a costly, time-consuming process, so it’s natural to question if probate is necessary. To understand what happens if a will is not probated, it helps to understand the difference between probate and non-probate assets. Probate Assets Any assets owned solely by the decedent are subject to probate. This includes: Individual bank accounts in the decedent’s name Brokerage…

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Can a Will Be Contested After Probate is Granted in Arizona?

When a county court issues a grant of probate, the court certifies two important facts: first, that the last will and testament submitted to the court is valid, and second, that the executor or administrator appointed in the grant has full legal authority to act as the estate’s personal representative. This individual is usually nominated in the will, and will…

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What is a Waiver of Notice of Probate of a Will?

When going through the probate process, sometimes a waiver of notice is required to make sure the proceedings go smoothly. What is a Waiver of Notice? Generally speaking, a waiver of notice is a legal document that waives an individual’s right to formal notification. The purpose of a waiver of notice is usually to allow legal proceedings to commence unencumbered…

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