Arizona Probate Laws: Explained

When someone in Arizona dies, their estate must go through a legal process called probate. This process can be confusing for loved ones who are grieving and dealing with the loss of a family member. In this blog post, we will explain Arizona probate laws in detail. We will answer common questions about the process, and provide information on how to file for probate in Arizona.

Informal probate proceedings are usually quicker than formal probate proceedings and do not require a hearing before a judge. Informal probate is typically used when the value of the estate is less than $75,000 and there are no disputes between the heirs.

Formal probate, on the other hand, is typically used when the value of the estate exceeds $75,000 or there are disputes between heirs. This formal process is supervised by a judge and is more expensive and time-consuming than informal probate. In both types of proceedings, the goal is to distribute the assets of the deceased person to his or her heirs in accordance with state law.

The Probate Process For Informal Probate Proceedings:

1. Arizona informal probate proceedings are initiated by the filing of a Petition to Administer Decedent's Estate. The Petition must be filed with the Superior Court in the county where the decedent resided at the time of death. The petition must include the names and addresses of the decedent's heirs and beneficiaries, as well as a list of the decedent's assets and liabilities. Once the petition is filed, the court will appoint an executor or administrator to oversee the probate process.

2. Notify all interested parties of the probate proceedings. This includes sending notice to the decedent's creditors, as well as any beneficiaries who are not named in the petition. The notice must include information about the time and place of the probate hearings, as well as a list of the assets that are being distributed.

3. Once all interested parties have been notified, the executor will begin gathering and valuing the decedent's assets. This includes opening a bank account in the name of the estate, as well as paying any outstanding debts. Once all of the assets have been gathered, they will be divided among the beneficiaries according to Arizona law.

Final Step: If there are no disagreements among the beneficiaries, then the informal probate process can be completed relatively quickly. However, if there are disagreements, then it may be necessary to have

Formal Probate proceedings are similar to informal Probate proceedings, but they involve a hearing before a judge. The PR must still file paperwork with the court to open the estate and prepare an inventory of assets and debts.

The formal probate process in Arizona generally proceeds as follows:

1. The personal representative files a petition with the court to open formal probate proceedings.

2. The personal representative must give notice to all interested parties, including the decedent's heirs and beneficiaries.

3. The court will issue an order appointing the personal representative and setting a date for the formal probate hearing.

4. The personal representative must file a report with the court detailing the assets and debts of the estate. This report must be made available to all interested parties.

5. The formal probate hearing is held, at which point the court will determine whether or not to approve the personal representative's actions to date and grant them formal authority to administer the estate.

6. Once formal probate is granted, the personal representative will have authority to take all necessary actions to settle the estate, including distributing assets to beneficiaries and paying debts and expenses.

Probate in Arizona is required if the deceased estate includes assets owned solely in their name - without having an estate planning tool in place to transfer those assets automatically upon their death.

For example:

• real estate property held in their name,
• individual bank accounts without beneficiary designations, or
• personal belongings such as vehicles, collectibles, and more.

Not having a beneficiary designation, these assets require the probate court's supervision for a smooth transition to the intended beneficiaries.

However, it's worth noting that small estates may be exempt from the “formal” probate process and opt for the more “streamlined” small estate probate in Arizona.

If the decedent's personal property is valued at less than $75,000 or the real property is worth less than $100,000, these assets can be transferred through the simplified small estate procedure, making the probate process faster than the need for court-supervised probate.

If you die without a will in Arizona, your estate will be distributed according to the state's intestacy laws (ARS14-2101 - ARS14-2114). Intestate succession is the order in which your heirs will inherit your property if you die without a valid will. In Arizona, intestate succession is governed by the intestate succession statutes.

The intestate succession statutes provide that your spouse will inherit your entire estate if you have no living descendants.

If there are living descendants, your spouse will inherit 50% of the estate. Your descendants will inherit the remainder of the estate.

If you are not married, your intestate estate will be divided equally among your descendants.

If you do not have any living descendants, your intestate estate will be divided equally among your parents.

If you do not have any living parents, your intestate estate will be divided equally among your siblings.

If you do not have any living siblings, your intestate estate will be divided equally among your grandparents.

If you do not have any living grandparents, your intestate estate will go to the state of Arizona.

In Arizona, the probate process can take anywhere from six months to two years. The length of time it takes will depend on a number of factors, including the size of the estate and whether or not there are any disputed claims.

If the estate is relatively small and there are no contested claims, the probate process can be fairly quick. However, if the estate is large or there are disagreements between the heirs, the process can take much longer. Ultimately, the amount of time it takes to probate an estate in Arizona will vary depending on the specific circumstances.

In Arizona, all real property and personal property is subject to probate. Real property includes things like: homes, land, and other buildings. Personal property includes things like cash, stocks, bonds, and jewelry.

Some assets are not subject to probate in Arizona. These include things like life insurance policies with listed beneficiaries, retirement accounts with listed beneficiaries, and certain types of trusts.

According to Arizona law (ARS14-3108), the executor of an estate has two years from the date of death to file probate. This timeframe can be extended under certain circumstances, such as if the deceased left behind minor children. In addition, if the executor fails to file probate within two years, any interested party can petition the court for an extension.

However, it is important to note that extending the probate period may result in additional costs and delays. Therefore, it is generally advisable to begin the probate process as soon as possible after the death of a loved one. By understanding the timeline and requirements for filing probate, you can help ensure that your loved one's final wishes are carried out quickly and efficiently.

As you can see, the probate process in Arizona can be quite complicated. If you are facing the loss of a loved one and need help navigating through the legal process, please call us for a free consultation. Our team of experienced attorneys will help guide you through every step of the way and make sure your rights are protected.

Q: What happens if you don't file for probate in Arizona?

A: If probate is required, and the executor or personal representative did not file for probate within 2 years of death here are some possibilities as to what may happen to the estate:

• The assets will be locked in the deceased's name and will remain so until the accounts are settled.
• Another interested party can request to open probate.
• The creditors of the deceased may take action against the estate.
• Unclaimed assets can be seized by the state.
• The executor or personal representative may be held liable

Q: Do you need an attorney to file for probate in Arizona?

A: While you are not required by law to have an attorney to file for probate in Arizona, it is generally advisable to seek professional help before beginning the process. A probate expert can help you navigate the complex laws and procedures involved in probate, and can represent your interests in court if necessary.