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What is PROBATE and when must you file a will in probate? State

 

Customer Question

What is PROBATE and when must you file a will in probate?
State ARIZONA.

 

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State/Country relating to question: Arizona

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Submitted: 309 days and 19 hours ago.
Category: Estate Law
Value: $25
Status: CLOSED
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Expert:  FiveStarLaw replied 309 days and 19 hours ago.

*This chat is not intended as legal or tax advice. It is general information that may or may not apply to your situation and should not be relied upon*


Welcome,

It is my goal to deliver information in five-star manner.

I am a licensed attorney but I am not your attorney. The law does not allow me to provide legal advice or form an attorney-client relationship on this public forum.

If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.

Simply put, probate is the legal process of wrapping up a person's affairs, such as marshaling the assets, paying bills and distributing assets.

A probate is required if there are any assets in the decedent's estate that do not pass by operation of law. Items that are held jointly with right of survivorship, transfer on death properties and life insurance to a beneficiary pass by operation of law to the survivor and therefore are not considered assets subject to probate.


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Customer replied 309 days and 19 hours ago.

If something is willed to another [not the spouse] (ie a motorcycle) that would require a title not in the spouse's name - would that require probate or could the spouse who is executor sign it over to the person it is willed to?

Accepted Answer

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Expert:  FiveStarLaw replied 309 days and 19 hours ago.

The motorcycle would be required to go through probate since it was titled in the decedent's name only

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 98.7 %
Accepts: 2768
Answered: 6/26/2012

Experience: 25 years of experience helping people like you.

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