What is Probate?

Probate in Arizona is the legal process of administering a person’s estate after their death giving authority to the estates executor or personal representative to carry out their role in the probate process. During the court-supervised probate process in Arizona, the court validates the will, and the deceased persons property to ensure the beneficiaries or heirs receive their inheritance according to the directions of the will if the deceased person had a will.

 

When Is Probate Required in Arizona?

Probate in Arizona is not always necessary. Generally, probate is required in Arizona when the deceased person owned more than $100,000 in real estate or more than $75,000 of personal property in Arizona “that’s all assets other than real estate”. If the deceased person estate falls below this threshold amount, it is typically considered a “small estate,” and simpler affidavit procedures may be used to transfer the assets of the deceased to the heirs. In Arizona there are certain types of property that can pass outside of probate and directly to the heirs of the deceased. Non-probate assets that can pass directly to heirs without supervision of the probate court. The most common types of assets that can avoid probate in Arizona can include: 

• Trust assets
• Community property with right of survivorship
• Property held in joint tenancy
• Real estate transferred by a transfer-on-death deed
• Payable-on-death bank accounts
• Assets registered in transfer-on-death forms
• Life insurance
• Beneficiary designations

The Types Of Probate In Arizona?

 There are three types of probate proceedings for Probate in Arizona.

• Informal Probate. Most probate proceedings in Arizona are informal. Informal probate proceedings happen when there are no challenges to a valid will of the deceased. There is minimal court supervision and no court hearings. This type is typically faster and less expensive than a formal probate proceeding.

• Unsupervised Formal Probate. In an unsupervised formal probate in Arizona, the judge must approve certain actions of the personal representative. Unsupervised formal probate occurs when the judge must settle disputes over issues related to the will, amounts due to certain creditors, or the distribution of assets to beneficiaries and heirs.

• Supervised Formal Probate. Supervised formal probate in Arizona is when the court steps in to supervise the entire probate process. It must approve every distribution of the property. Any person who has an interest in the estate can request a supervised probate. It is required when an inheritor, creditor, or other interested party needs to be protected. This type of probate proceeding is the most expensive and can take the longest amount of time to complete.

   

   

How Long Does Probate In Arizona Take?

 

In Arizona, there is no set amount of time it can take for probate. If it’s an Informal probate, typically it can take around six to eight months to complete. However, formal probate can take a year or longer to settle and close the estate through the Arizona probate process.

 

 

What is The Process For Probate In Arizona?

 

The steps for the probate process in Arizona.

 

Open Probate and Appoint a Personal Representative: The probate process in Arizona starts when an individual files an application petitioning the court to appoint a personal representative. A bond will have to be posted by the personal representative unless it’s waived by the will or by all of the heirs.

 

Notify the Heirs and Creditors: The personal representative must give to all creditors, heirs and all interested parties.

 

Inventory of the Estate: The personal representative will have to find, collect and make an inventory of all the assets belonging to the deceased that didn’t automatically transfer upon their death and anything that remains titled in the name of the deceased person. You may need the help of an appraiser in Arizona to determine the fair market value of certain assets of the deceased.

 

Manage Claims: The personal representative must pay all the valid debts of the deceased and send out notice of disallowance if necessary. Liabilities of the deceased should be settled in the order. Pay estate administration expenses, Funeral expenses, Debts, Taxes, and all other claims.

 

Distribute the Estate: The personal representative has to determine who the beneficiaries and heirs are and transfer assets as provided in the direction of the will. If the deceased person didn’t have a will, then the personal representative must distribute the assets of the deceased as provided according to Arizona’s intestate laws.

 

Close the Estate: The personal representative must prepare a final accounting or waivers of the accounting and file a closing statement with the Arizona probate court.

 

 

Do You Need An Attorney For Probate In Arizona?

 

A probate attorney isn’t required in Arizona however, an estate planning or probate attorney can be very helpful. An experienced probate or estate planning attorney will help keep the probate process in Arizona on track and ensure that you follow all relevant regulations and procedures. A probate attorney can make the process of handling the estate of someone as seamless as possible.