What Are the Steps in the AZ Probate Process? Depending on your assets and estate planning documents, such as your will, when you die, your estate may have to go through probate. The probate process varies from state to state and depends on individual circumstances. Here is an overview of the Arizona probate process and what it entails.
Part of our Arizona Probate and Estate Litigation practice.
An Arizona probate has six steps: filing the will and application or petition with the Superior Court; the court’s appointment of the personal representative; notice to heirs and devisees and published notice to creditors; the four-month creditor claim period; administration (inventory, paying claims and taxes, and accounting); and distribution and closing. An uncontested informal probate usually takes six months to a year, because the estate must stay open at least four months for creditor claims. A contested probate, a will contest, or hard-to-locate assets can extend it to a year or more. Not sure you need probate at all? Try the free Do I Need to Open Probate? tool.
Filing
When the testator of a will dies, the executor, also referred to as the personal representative, will typically need to file the will with the court. The filing is done to request the probate court acknowledge the executor as the testator’s representative. And, if there is a will, that the court accept the will as the person’s last will. That is the will that will govern administration of the estate. If there is no will, Arizona’s intestacy laws will apply.
Suppose there is no will, so the decedent did not name a personal representative. In that case, Arizona law has a list of individuals with priority, starting with the decedent’s surviving spouse. If there is a will, the person named as personal representative in the will has priority for appointment.
Disqualification
However, the probate court may still disqualify someone if they are unfit. Some of the reasons an individual might be disqualified from performing the duties of a personal representative include:
- If they are under 18 years old
- If they are not of sound mind
- If they are found to be unsuitable
Approval
If there is no challenge or dispute, the court will generally approve the request for appointment of personal representative. In addition, unless there is an objection or some defect, the court will validate the will. If there is a dispute, contest or challenge, the matter will then proceed as a contested probate matter or “probate litigation.”
Notice
In uncontested cases, after appointment by the Court, the personal representative of the will then must give notice to heirs and publish a notice notifying all potential creditors that a probate has been opened. The notice must be published in a local newspaper. A copy of the notice should also be mailed to all known creditors. The creditors can then file a claim within four months after the published notice. Known creditors who have already received the notice can file a claim within the later of 60 days of actual notice or the four-month period from first publication.
Administration
Once the personal representative is appointed, he/she then must administer the estate. Administration includes making an inventory and valuation of all of the decedent’s property. The personal representative must also gather and settle bills and creditor claims, collect, sell and distribute the decedent’s assets, file and pay taxes, among many other tasks. For a more detailed list of potential tasks for the personal representative, check out our 100+ Point Probate Checklist.
Closing the Estate
The probate process is not considered incomplete in Arizona, unless certain conditions are met. For the probate process to be considered complete, the personal representative must, among other things:
- Pay all of the decedent’s bills
- Sell or distribute all of the estate’s assets
- File the final tax return for the decedent
- Resolve all of the decedent’s affairs
- File a closing statement or a request with the probate court to close the probate estate
Although the closing of the probate marks the end of this process, certain circumstances may warrant the need to reopen probate. Examples of such circumstances include the discovery of undistributed assets, errors in the probate process, discovering an heir and other issues.
How Long Does the AZ Probate Process Take?
In Arizona, the probate process should remain open for at least four months. This window allows creditors to make their claims before the estate is closed. However, it is important to note that the duration of probate depends on the individual case.
For example, if one party challenges the appointment of a certain individual as the personal representative of the estate, this could lead to lengthy legal battles. The same also applies if there is a will contest or difficulty locating and recovering assets. Probates that involve complex legal battles can last a year or even longer.
The bottom line is that there is no one-size-fits-all approach to probate. Speaking with an experienced Arizona probate attorney will help you understand the timeline and issues involved in your specific situation.
Frequently Asked Questions About the Arizona Probate Process
- How long does probate take in Arizona?
- An uncontested informal probate usually takes six months to a year. The estate must stay open at least four months after notice to creditors is published, and the personal representative needs time to collect assets, pay claims, and account. A contested probate can take a year or longer.
- How do I start probate in Arizona?
- File an application (informal) or petition (formal) with the Superior Court in the county where the decedent lived, along with the original will if there is one, the death certificate, and the required probate forms. The court then appoints the personal representative and issues letters.
- What is the difference between informal and formal probate?
- Informal probate is handled by the court’s registrar without a hearing and is used when no one objects. Formal probate involves a judge and a hearing and is used when the will is disputed, the appointment is contested, or court supervision is needed.
- Is notice to creditors mandatory in Arizona probate?
- Yes. The personal representative must publish notice once a week for three weeks and mail notice to known creditors (A.R.S. § 14-3801). Creditors then have four months from first publication to present claims.
- Do all estates in Arizona have to go through probate?
- No. Assets held in a trust, jointly with right of survivorship, or with a beneficiary designation pass outside probate, and small estates (personal property up to $200,000 or Arizona real property up to $300,000, net of liens) can be collected by affidavit.
- What happens if someone contests the will or the personal representative?
- The matter becomes a formal, contested proceeding before a judge. The court decides the objection after notice and a hearing, and the timeline and cost of the probate increase accordingly.
Related Pages
- Arizona Probate and Estate Litigation
- Types of Probate in Arizona
- How Much Does Probate Cost in Arizona?
- When Does Probate Become Contested?
- Creditor Claims in Arizona Probate
- Do I Need to Open Probate? (free tool)
Contact an Arizona Probate Attorney from Berk Law Group
Whether you are the personal representative, or a beneficiary, it is vital to understand the probate process in Arizona. Knowing what this process entails will help you make informed decisions and protect your rights. At Berk Law Group, our team of experienced Arizona probate attorneys can give you the probate assistance you need.
Located in Scottsdale, we specialize in litigating all kinds of probate, trust, and estate disputes in Arizona. Our attorneys have years of experience fighting for the rights and interests of clients in Scottsdale and throughout Arizona.
The probate process has little room for mistakes. Mistakes can be costly or even ruin relationships. For this reason, it is important that you make the right decisions from the very beginning. The right decision may start with that one phone call to the right experienced attorney.
Call us today at 480.607.7900 or online to schedule a consultation with one of our Arizona probate litigation specialists.
