If an executor has been appointed and signed paperwork to do so but no Will can be found, does she have any rights to carry out the deceased wishes?

Also, I signed paperwork 3 years ago to inherit his house upon death. Where can I find this and how do I know if it has been filed?

Asked on June 5, 2014 under Estate Planning, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  This question is a little tricky. If there is no Will then really an intestacy proceeding should be filed and the beneficiaries under the law will inherit as per the intestacy statute in Arizona.  Abiding by the wishes of the decedent is always important but if there is no Will then the beneficiaries may be able to insist upon a strict construction of the law here which may differ from his wishes.  As for the house, what kind of "paperwork" do you mean?  That is very important to give any guidance. If it was a deed then it needs to be recorded.  Do you have a copy?  I would seek legal help here if there is no Will.  Good luck.


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