How will I know if filing for the probate of an estate is necessary?
Typically, people figure out that they need to file a probate when they try to claim a decedent’s asset and the financial institution tells them that a probate is needed. Unfortunately, it sometimes takes years before a person finds out that a probate was needed. In Arizona, you have two years from the date of death to file an informal probate. After that time expires, you may be stuck filing a more costly, formal probate.
Whether you need to file for the probate of an estate depends on how the assets in the estate are titled and the value of the estate. Anything titled in the name of the decedent will need to go through some form of probate. If the total value of all personal property is no more than $75,000, you may be elibible for a Small Estate Affidavit. If there is real property (real estate) involved, but it is worth no more that $100,000, you may be eligible for an Affidavit for Real Property. If an asset is titled in the name of a Trust or there is a Pour Over Will and a Trust, then a Trust Administration is probably needed. If you have any questions, please call 520-252-6726 or complete the form on our Contact page.
The information on this website is for informational purposes only and should not be construed as legal advice.
