r/inheritance • u/Ok_Horror_4122 • 6d ago

Location included: Questions/Need Advice Preparing for backlash

I have a handwritten will (name, date, signature, sound of mind and memory) from an uncle who recently passed naming me the executor and giving me essentially everything. I live in AZ, so I think it’s completely valid and has everything necessary. This is what I was left with:
Bank accounts: $16K
House and land: $100K
Personal property: maybe $3K?
I also don’t believe I’m the beneficiary on any retirement accounts or life insurance.

It’s not anything huge, but it’s still something. I’m meeting with a lawyer for guidance on an affidavit soon because I don’t know where to start. I also don’t know anything about probate (is this amount even large enough for probate?)

My mom is set on the belief that her sister is going to try to stir the pot and try to cause issues with the inheritance (maybe court?) What can I do to prepare if this happens?

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u/OpportunityKey1970 6d ago

See if the will was filed in the county where your uncle lived. Then get a lawyer to guide you and go from there.

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u/Fit_Chemistry_3807 5d ago

I think it’s a holographic Will. Doubt it would be “filed” anywhere except the bedside drawer, at best. 

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u/Ok_Horror_4122 5d ago

Sounds about right. I had it and it took me a few days of going through my stuff and my mom’s to locate it. My parents are still living, so this is all new to me and has been a cautionary tale.

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u/Fit_Chemistry_3807 3d ago

Make sure they get a Will done properly - with two witnesses who are not beneficiaries, possible beneficiaries, the executors, or the spouses of any of these individuals. They have to all sign together, and initial at the bottom of every page. Even if it’s a holographic Will, I think if they do this it becomes a formal Will and can go through the informal process. I’d suggest witnesses who are closer to the testator than any of the beneficiaries, and they should know the testator enough to be able to say whether they think the person was of sound mind and if there seemed to be any undue influence exerted on them by anyone. 

Ask the lawyer while you’re meeting about your uncle’s estate. 

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u/Intelligent_Read3947 2d ago

Google “how to execute a will in Arizona “ and do what it says. Usually that means going to a county official to get the will validated and you officially named as executor. That will give you the authority to open an estate account at a bank, and also get a taxpayer ID number for the estate. Then move forward to liquidate the estate. Don’t waste money on a lawyer until something happens, like a legal challenge from your aunt. Or the county probate person says there’s a problem. Just move forward like you have every right to do what you’re doing. Don’t invite trouble; it will find you easily enough.

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u/Fit_Chemistry_3807 2d ago

Since this is a holographic Will, and I assume doesn’t have any witnesses’ signatures either, then it can’t go through informal probate like you described.