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How does Probate work?

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Lite90

Junior Member
Hi, I am living in Arizona. I had a question about probate and my current situation.
My mother recently passed away, without a will in place, according to my step father.
Previously she owned the home she lived in prior to her marriage to my step father, for a many years.
He was added to the mortgage, as husband and wife with my mother. There are also several banking accounts just under my mothers name only, some inheritance from my grandmother is in this banking account.
Additionally she has a vehicle in her name only, that is paid off. She gained this vehicle during her marriage to my step father.
I understand the differences between seperate and community property but Im not sure what rights I have as her only child from her first marriage and her only blood decendent.

My last part of the question is as follows:
Does my step father have to file with the state because there was no will or will the process proceed without him filing?


If anyone can assist on these questions I would greatly appreciate it!

Thank you!
Lite90 :)
 
Last edited:


anteater

Senior Member
From the Commerce Clearing House:
If any part of an Arizona decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate, including both separate property and the one-half of community property that belongs to the decedent. However, the amount a surviving spouse is entitled to varies as follows:

If there is no surviving issue (i.e., children) or if all of decedent's surviving issue are also issue of the surviving spouse, the surviving spouse is entitled to the entire intestate estate.
If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.
....
Copyright 2002 - 2008, CCH Incorporated, a Wolters Kluwer business. All Rights Reserved
 

ladybg1

Member
probate is not automatic. If stepdad doesn't want to open it-then you should as her child. Looks like you might have an interest in the home. Depends on how it is titled. Any inheritance she had from your grandfather was hers &doesn't automatically go down the line to you.
 
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