• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Father died in Arizona, I'm only child of him. I'm in Texas.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

txmomof2

Member
What is the name of your state (only U.S. law)? Texas (me) Arizona (father)

My estranged father passed away March 1, 2018 in Mohave County Arizona.

His sister, my aunt, was the next of kin notification. She lives in California.

I live in Texas. He has no other children, was not married.

My aunt sent me all the information I would need to inherit/receive any money coming to him.

He had no debt. His only income was a pension and Social Security check.

The only money we know about is:
*balance of his social security debit card (minus the payment for March) of right under $1000
*money owed him from his pension (there were uncashed checks worth about $3000 in his personal belongings from 2016/2017)
*a check my aunt received from the address he used from mail in Arizona from Fidelity made out to the 'estate of....."

Direct Express- the debit card servicer for SSA benefits - mailed a letter to her (and she in turn sent to me) and all that was required was a small estate affidavit + death certificate. I sent that almost 2 weeks ago.

From what I've found online, Arizona does not require probate (there was no will) unless assets total more than $75,000. (He has no more than about $5500 owed to him)

So my questions are:

is a small estate affidavit sufficient to take care of all this, rather than file any papers with the court in Mohave county (from what I've read it is, but wanted to see if anyone here knew)?
Do I request the check from Fidelity be re-issued in my name using the small estate affidavit? (it is in route from my aunt to me in Texas)

What do I do about his taxes for 2017? What about next year for Jan 1-March 1, 2018?

This is my first time dealing with ANY of this- he had no will. Was homeless and without a homestead. No car.

I wouldn't have the first clue about getting an atty in Arizona (if I even need one). Would a Texas attorney even be able to help me? A very nicewoman told me when I called Mohave County that if less than the 'limit' no filing is required with the court.

As far as the pension-they are sending paperwork to my aunt and when she receives it, she will send to me.

Help?
 
Last edited:


adjusterjack

Senior Member
Stop relying on what people tell you on the phone. Your father's estate does have to be probated. There is formal probate and there is informal probate.

Informal probate still has some official requirements.

Start by reading the informal probate sections of the Arizona Probate Code beginning with 14-3301:

https://www.azleg.gov/arsDetail/?title=14

Then go to the Mohave County court website and read the material about informal probate and miscellaneous probate forms.

http://www.mohavecourts.com/clerk/probateforms.htm

If you need help from an attorney you will have to get one in Mohave County.

The Mohave County Superior Court has three locations: Kingman, Lake Havasu City, Bullhead City.

Pick the city where your father lived or was closest to where your father lived and google probate attorney for that city.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top