What to do about my mom’s estate if she died broke in Mexico but had an address in the US?

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What to do about my mom’s estate if she died broke in Mexico but had an address in the US?

She had an address in my state but a 1/13th partial ownership of a cabin in another state. She also owned some small shares of stock. The transfer of stock requires a small estate affidavit but the form asks where in the state that she died. Should I just write in Mexico? The probate law in the state in which the cabin is located requires that someone living in the state be appointed as executor but I just want to file a death certificate with the county clerk so that my sister and I will get our 1/26th each portion of the real estate. Is it really necessary to go through probate when the entire property is only worth about $40,000 (of which mom’s piece was about $2000)?

Asked on May 3, 2013 under Estate Planning, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Based upon what you have written you can probate your mother's estate in the county and srare where she last had an address when she dies regardless of owning a 1/13th interest in real estate in another state IF there is reciprocity of ordered between the two states which most likely there is.

I suggest that you have a consultation with a Wills and trust attorney (or legal aid) as to the best way to resolve the closure of your mother's estate.


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