When someone passes away in Arizona without a will, their assets will be distributed through the probate court process in Arizona known as “intestate succession.” This process can be complicated and time-consuming, and it doesn’t give the decedent’s family and friends much say over who gets what. Additionally, it is important to understand that the probate process in Arizona can be costly and stressful for loved ones during an already difficult time.

 

Here are a few key facts to understand about the probate process in Arizona when someone dies without a will:

 

• Arizona State Law Determines How Assets are Distributed: Under Arizona’s intestate succession laws, the distribution of assets will be determined by the court. If the decedent has a surviving spouse or children, the assets will typically go to them. If there are no surviving relatives, the assets will go to the state. This means that the decedent’s wishes for the distribution of their assets may not be honored, and the court’s decision may not align with what the decedent would have wanted.

• Frozen Accounts: When someone dies without a will, the court will need to appoint a personal representative to administer the estate. Until this appointment is made, bank accounts and other assets may be frozen. This can cause financial difficulties for the decedent’s loved ones, and it can also delay the distribution of assets.

• Court-Appointed Personal Representative: If multiple heirs are of the same priority in the intestate succession process, the court will decide who will serve as the personal representative for the estate. This can lead to delays and additional legal fees if heirs hire attorneys to make their case. It can also lead to disagreements and disputes among family members, further complicating the probate process.

• Intestate Succession Can Be Complex: Intestate succession laws can be complex, and they vary widely from state to state. This means that it is important to have a good understanding of Arizona’s laws in order to navigate the probate process. For example, Arizona has adopted the Uniform Probate Code (UPC), which outlines the rules and regulations for probate proceedings in the state. Additionally, ARS 14-3108 sets a two-year time limit for probating a Will.

• Not All Assets Need to Go Through Probate In Arizona: It is important to note that not all assets need to go through the probate process. For example, assets that have a payable-on-death or transfer-on-death beneficiary, life insurance policies, retirement accounts, and real property held in joint tenancy or as tenants by the entirety typically do not need to go through probate. Additionally, assets that are part of a revocable living trust will not be subject to probate.

• Will Contests Can Arise: If there is a will, but the decedent’s family members or beneficiaries disagree with the distribution of assets, a will contest can arise. This can further delay the probate process and add additional legal fees. The grounds for contesting a will can include issues such as invalidity of the will, undue influence on the testator, or a lack of mental capacity.

 

Overall, the probate process in Arizona can be complex, time-consuming and costly, especially if there is no will. It is important for individuals to understand their options and the laws in place in order to ensure that their assets are distributed according to their wishes after their passing. One of the best ways to ensure that your assets are distributed according to your wishes is to have a will in place, and to keep it updated as your circumstances change.

If you are an executor or a beneficiary, it is important to seek legal advice from a licensed attorney to ensure that the estate is settled correctly and efficiently.