In Arizona, several different types of probate proceedings are available depending on the size and complexity of the estate. Understanding these options can help you navigate the process more effectively and choose the most appropriate path for your situation.
Formal Probate
Formal probate proceedings provide a structured, court-supervised process for administering an estate. Under Arizona law (A.R.S. § 14-3412), formal probate is initiated through litigation to determine whether a decedent left a valid will. This process is typically necessary when:
- There are disputes about the validity of a will
- Complex assets require careful oversight
- Creditor claims need court supervision
- Family members disagree about asset distribution
During formal probate, the court maintains active oversight of the proceedings, including the appointment of the personal representative and approval of major decisions affecting the estate.
Informal Probate
For uncontested estates with clear asset ownership, informal probate offers a more streamlined approach. According to A.R.S. § 14-3301, informal probate can be initiated by:
- The surviving spouse
- An adult child, parent, or sibling of the decedent
- Any person who qualifies as an heir
Informal probate requires less court supervision and typically moves more quickly than formal probate. However, the personal representative must still fulfill all legal duties, including providing notice to heirs and creditors and properly distributing assets.
Small Estate Affidavit Process
Arizona law (A.R.S. § 14-3971) provides a simplified procedure for small estates. You may use a small estate affidavit if:
- The total value of personal property, less liens and encumbrances, does not exceed $75,000
- The value of real property, less liens and encumbrances, does not exceed $100,000
- At least 30 days have passed since the death
- No application for the appointment of a personal representative is pending
This process allows heirs to collect assets without formal probate proceedings, significantly reducing time and expense.
Supervised vs. Unsupervised Administration
Under A.R.S. § 14-3501, supervised administration provides comprehensive court oversight of the estate’s settlement. The court maintains authority until the final distribution and discharge of the personal representative.
Unsupervised administration, which is more common, allows the personal representative to act independently in managing the estate while still being accountable to the heirs and the court.
Schedule a Consultation with an Arizona Probate Attorney
We invite you to schedule a consultation with our experienced probate team to determine the most appropriate probate process for your situation. We can help evaluate your circumstances and guide you through the necessary steps to properly administer the estate. Schedule a consultation today.
Sorrell Estate & Probate 8990 E Raintree Dr #110 Scottsdale, AZ 85260 (480) 660-4940.
We are located in Scottsdale, Arizona, serving clients throughout the Phoenix metropolitan area.