Then, the decedent’s assets are administered in the probate estate with probate court supervision. The Personal Representative’s address, phone number, email, Social Security Number, height and weight are all public information. For example, the 4-month creditor notice period that needs to run while the case is open can only start with the first of three legal notices that must be published. Learn more about. Benjamin Franklin is credited with coining the phrase that the only things certain in the world are death and taxes. To retain your rights to inheritance in Arizona, you must survive the decedent by no less than 120 hours. The Uniform Probate Code is what the process of probate is based on in Arizona (and 18 other states). Holding property in joint tenancy or designating a pay-on-death beneficiary, can shorten or eliminate the necessity of probate on the death of the first spouse... 0 found this answer helpful If a probate was needed and not filed within 2 years of someone’s death, or if a Will is contested, formal probate is required. Generally speaking, probate cases should take less than 12 months. For example, if there is delay in the sale of estate property, probate may continue as an open case until that business is completed. Wishing you all a safe and happy holiday! LEARN MORE. The probate process in Arizona is the act of legally passing assets from a deceased person to his or her beneficiaries with or without a Last Will and Testament. That length of time is calculated by taking the required 4-month creditor notice period and adding a couple of weeks on the front end for starting the case, and a couple of weeks on the back end for closing the case. At the Wood Law Firm, we are committed to providing affordable legal services including estate planning, wills, probate, guardianship, conservatorship and elder law matters to those in Tucson and the surrounding community. In a contested formal probate, there are several court hearings, depositions, motions and discovery, just like in any other litigation. Generally, the law follows bloodlines. What is Required for a Valid Will Under Arizona State Law? This field is for validation purposes and should be left unchanged. 1. Some considerations that could make probate process longer can comprise of: Will contesting challenging credibility of the will and/or specific inheritances They attempt to sell their one-size-fits-all products by convincing the public that unless they spend an arm and a leg on a living trust, the inevitable probate could drag on for years. There is a myth promoted by commercial “living trust mills” that probate takes forever. The decedent's successor can collect the decedent's property using the affidavit, including bank accounts and insurance policies. Dollar","symbol_left":"$","symbol_right":"","symbol_padding":"","thousand_separator":",","decimal_separator":". Your carefully planned estate can be a gift to those you leave behind. If an Arizona resident dies and leaves a valid Last Will, this person is said to have died “testate”. Posted on Nov 4, 2009 On average, a probate after the death of a spouse can take anywhere from 6-18 months to complete. How long does the probate process take? The minimum period of time for an informal probate is around 4 months due to various statutory requirements. Once the Court Clerk approves the probate, the Personal Representative begins the process of paying bills, collecting assets, selling assets and distributing assets. How long does probate take? In most cases, “informal probate” in Superior Court is appropriate when probate is indicated for administration of a decedent’s estate. This blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. In Arizona, probate begins when your will is submitted to and accepted by the probate court. A Last Will can also be valid if it is handwritten. If an Arizona resident dies without a valid Last Will, that person is said to have died “intestate”. After the Personal Representative (executor) pays all of the deceased person’s bills, sold or distributed all of the assets, filed a final tax return for the deceased person and taken care of all of the deceased person’s affairs, the Personal Representative can close the probate. Are there additional costs, or tax increases, associated with probate? There are 3 main ways to avoid probate. If a probate is required then somebody (usually an heir, but not always) called the petitioner must prepare and file a probate petition with the Arizona Superior Court in the county in which the deceased resided. In short, yes. For example, if the personal property of the decedent does not exceed the value of $50,000, thirty days after the death of the decedent, the successor entitled to such property can present an affidavit to the holder of such personal property as long as the affidavit complies with Arizona … We work together as a team so you can get the peace of mind that comes with having your affairs in order. However, in cases of contested issues or lawsuits, the process may take up to several years, or even decades, to settle the issues and conclude probate. How long do I have to file probate in Arizona? The process refers to period of time when a probate court supervises someone’s estate. How Long Does It Take to Complete an Arizona Probate? Arizona Revised Statutes Section 14-3301. As long as the probate is an open case, any member of the public can review the file at the court house or online. In a simple case where there are no disputes, and the deceased had a strong plan in place, the probate process of distributing assets and paying off debts may only take a few months to complete. All in all, probating a will should take less than a year, although in lamentable circumstances it could even take longer. However, an informal probate will be an active case for as long as it takes to complete the business of the estate. A probate will take at least 4 months from start to finish. In order for a Last Will to be valid in … Maybe not. It is essentially the process of examining and distributing assets and responsibilities to the appropriate parties. This requires filing one more document with the Court Clerk. Fortunately, most Arizona probates are informal. Probate is a process that includes the following key steps. How to Start an Arizona Probate. Do not send confidential information via Email unless you are a current client. It is possible for informal probates to be completed in less than five months. Do we need to have probate? Usually probate takes longer if there are family disputes. Attorney Henry Wood is a member of various Bar Associations and is also a Licensed Fiduciary, registered by the Arizona Supreme Court. Formal probates, on the other hand, tend to be more complicated. There are two main types of probate processes in Arizona, informal and formal. It is possible that a will can be challenged, but without a challenge, it is possible to enter probate with a … All Arizona probates have a four month creditors claim window before a probate can be closed. If you do not want to wait the six months, you can file a regular probate immediately. A typical probate process will take up to 24 months from the date of the decedent's death. A.R.S. 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