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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55306
Experience:  29 years of experience practicing law, including tax and estate planning.
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My mother recently passed away and she didn't have a will.I

Customer Question

My mother recently passed away and she didn't have a will.I live in the home that her mortgage is on.I spoke to the mortgage company and they said as long as the payment was made ,there's no problem.I'm the only child and I need to contact the insurance company regarding homeowners insurance so I was wondering if theres a paper I could ger stating I'm sole beneficiary and avoid probate
Submitted: 2 years ago.
Category: Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
Can you provide me a bit more information? Are you the only child? No surviving spouse? What is the value of the house? Also, what is the value of your mom's total estate? Thanks.
Customer: replied 2 years ago.
yes ,I am the only child ,the only value of her estate would be what she owes on her mortgage that's probably around 75000
Customer: replied 2 years ago.
no surviving spouse
Expert:  Richard replied 2 years ago.
Thanks for your quick reply. Yes, you can avoid probate. You'll need to transfer title to yourself by signing a quit claim deed transferring the title to yourself. The deed needs to be signed by you as representative of the estate using a Small Estate Affidavit. It then needs to be witnessed and notarized and recorded in the real property records of the city/county in which the property is located. You can find the forms and instructions for completing this Small Estate Affidavit at the following link: http://www.superiorcourt.maricopa.gov/sscdocs/packets/pbse1.pdf . Although this link is for Maricopa County, you can simply change the county designation on the forms. Or, your specific county should have its own similar link.
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