What is probate?

When someone dies, what that person leaves behind is called his/her estate.  The probate process was created to protect both beneficiaries and creditors by ensuring that the decedent’s estate is properly distributed.  If there is disagreement as to who gets what, then a formal probate may be necessary, which would involve court appearances.  In most cases, the probate process is fairly, straight-forward and can be handled through an informal probate which generally does not require appearing before a judge.

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.

Just because you are married, doesn't mean a probate isn't necessary when your spouse dies.

  • Real Estate:  If you and your spouse own real property (land, houses, commercial real estate), whether that property needs to be probated when your spouse dies depends on how it is titled.
  • Life Insurance, Annuities, IRAs, etc.:  Whether these assets need to go through probate depends on how the policies/contracts are written, and whether contingent beneficiaries are named.
  • Other Assets:  How assets are titled is generally the key factor when determining whether an asset needs to go through the probate process.

Common Misunderstanding: I have a will, so my loved ones won't have to go through the probate process.

In most cases, wills must go through the probate process in Arizona.  Trusts are documents that can help you avoid probates, but ONLY IF ALL OF THE ASSETS IN THE ESTATE ARE TITLED PROPERLY.  If not, those assets may need to be probated.

DON'T WAIT TOO LONG TO FILE A PROBATE!

Unfortunately, this is a common mistake.  You have two years from date of death to file an informal probate.  See A.R.S. § 14-3108. After that, you are stuck filing a more costly and time consuming formal probate.  With a formal probate, you will most likely need to hire an attorney and appear before a judge.

How long does it take to probate an estate or complete a trust administration?

It typically takes at least five months to close a probate or complete a trust administration, but every situation is has its own unique set of circumstances.  For both a probate and a trust administration, you have to wait until the four month creditor period is over before distributing assets.

What should I do when someone dies who had a Trust?

If the decedent had a trust, then the trustee needs to administer the trust.  When administering a trust in Arizona, the process is similar to a probate – the main difference being that you probably won’t have to file anything with the Court.  As with a probate, you have to publish Notice to Creditors, obtain an EIN/TIN from the IRS, there needs to be an inventory/appraisement/accounting of assets, as well as other required notices.  What often happens is that the trustors neglect to title all of their assets in the name of the trust, in which case it is sometimes necessary to do both a probate and a trust administration.  Most trusts come with Pour Over Wills which “pour” assets that are not titled in the name of the trust into the trust when one or both of the trustors die.  But, in order to do that, the will usually needs to go through probate, depending on the value and type of assets in question.  Arizona Probate, LLC can assist the trustee with the Trust Administration.  

The information on this website is for informational purposes only, and should not be construed as legal advice.

What is probate?

When someone dies, what that person leaves behind is called his/her estate. The probate process was created to protect both beneficiaries and creditors by ensuring that the decedent’s estate is properly distributed. If there is disagreement as to who gets what, then a formal probate may be necessary, which would involve court appearances. In most cases, the probate process is fairly, straight-forward and can be handled through an informal probate which generally does not require appearing before a judge.