TS Probate in Arizona

[westpost]

Hi All!

I have a few questions (after having read related threads) about probating an inherited timeshare with a deed recorded in Arizona.

1. Where can I find a probate attorney in Arizona?

This is for timeshares purchased by my mother, with only her name on the deeds, and then inherited jointly by me and my brother through her will, which was probated in New York state. We are now trying to sell the timeshares and the closing company (JRA) said they need to first be probated in AZ.

2. Can this be probated by an attorney in another state (i.e. our NY probate attorney)?

3. How long will the whole process take for us to take title? We already have a buyer for 2 of they 3 properties, and would ideally like to move forward with the transaction.

4. Alternatively, could these properties be legally disclaimed / disavowed / abandoned by me and my brother and just handed back to the TS company? After all, if we have to prove that we own them, then we don't yet legally own them? The timeshare company, however, has record of me and my brother as inheritors, and has been letting us use them as our own, after furnishing a death certificate. We have been paying annual dues for two years now.

Thanks so much!

 

[nightnurse613]

Obviously this is a question for a probate attorney however, Arizona has a relatively simple probate procedure for small estates under $50,000. I don't know how that applies to your situation. I thought estates had to be probated where the decedent had a permanent residence. The executor probably just needs to probate in NY; get an authorization letter which shows this property on it, do a quit claim deed signed by all parties. Purely speculation on my part but I doubt that you'll get free legal advice here!