Can Siblings Settle Estate of Deceased Mother with no will without Court Proceedings
Full Question:
Answer:
The purpose of a will is to permit the living to provide for those who come after him or her and allow an individual to control the way their property is distributed after their deaths. If an individual dies without a will, however, his or her estate passes to the individual’s heirs according to state intestate laws. An intestate estate is any part of the estate of a decedent not effectively disposed of by his will, which passes to his heirs as prescribed in the applicable state's laws of intestate succession. Under the intestate laws of succession, the spouse and heirs will receive property by the laws of descent and distribution and marital rights in the estate which
may apply to a surviving spouse. Each state has an intestacy law which specifies who is to inherit property in the absence of a will. If a person dies without a will, the probate court will appoint a personal representative (or administrator) for his or her estate to receive creditors' claims against the estate, pay debts, and distribute the deceased person’s remaining property according to state laws.
Probate is a legal proceeding by which a deceased person's property is distributed to the rightful heirs and/or beneficiaries. Small estate laws were enacted in order to enable heirs to obtain property of the deceased without probate, or with shortened probate proceedings,
provided certain conditions are met. Small estates can be administered with less time and cost. Arizona recognizes a small estate affidavit, which can be executed by the spouse and/or heirs of the deceased and be presented to the holder of property such as a bank to obtain property of
the deceased, and also a summary administration proceeding. The small estate affidavit may be used for estates smaller than $75,000, and the summary administration proceeding where the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent.
