Probate is the legal process through which a deceased person’s estate is properly distributed to heirs and designated beneficiaries, and any debt is paid to creditors. In Arizona, the probate court oversees this process to ensure the deceased person’s assets are distributed according to their will or, if there is no will, according to state law (A.R.S. § 14).
How Probate Works
The probate process begins when the personal representative (commonly referred to as the executor) files a petition or application with the superior court to either:
- Validate the deceased person’s will and begin probate proceedings
- Start the process of administering the estate if there is no will (A.R.S. § 14-3301)
Once appointed by the court, the personal representative has the legal authority to:
- Gather and inventory the deceased person’s assets (A.R.S. § 14-3706)
- Pay valid claims from creditors (A.R.S. § 14-3807)
- File final tax returns
- Distribute remaining assets to beneficiaries (A.R.S. § 14-3902)
When Is Probate Necessary?
Not all assets need to go through probate. Under A.R.S. § 14-3971, certain assets can transfer without probate proceedings.
Assets that typically require probate include:
- Property owned solely by the deceased person
- A share of property owned as “tenants in common”
- Any other assets that do not have a designated beneficiary
Assets that generally avoid probate include:
- Property held in a living trust
- Life insurance policies with named beneficiaries
- Bank accounts with payable-on-death designations
- Property owned as joint tenants with right of survivorship
- Assets held in transfer-on-death accounts
Understanding Arizona Probate Laws
Probate in Arizona follows structured legal procedures defined by statute. While informal probate is the most common route, formal probate and small estate affidavits may be more appropriate depending on your circumstances. See Types of Probate in Arizona for more information.
Timeframes and Deadlines
Arizona’s probate process typically takes 6 months to 1 year, though complex estates may take longer. Important deadlines include:
- Creditors have 4 months to file claims after receiving notice (A.R.S. § 14-3803)
- Personal representatives must provide notice to known creditors within 30 days of appointment (A.R.S. § 14-3801)
- Heirs and devisees must be notified within 30 days of appointment (A.R.S. § 14-3705)
Working with a Probate Attorney
While not required by law, working with a probate attorney can help navigate complex legal requirements and avoid costly mistakes. A probate attorney can help you:
- Handle required court filings
- Ensure proper notices are given to creditors and beneficiaries
- Address disputes between beneficiaries
- Manage tax implications
- Guide the personal representative through their fiduciary duties (A.R.S. § 14-3703)
The Role of the Probate Court
The probate court supervises the estate administration process to ensure:
- The will is valid (A.R.S. § 14-3409)
- The personal representative properly performs their duties (A.R.S. § 14-3611)
- Creditors receive proper notice, and valid claims are paid (A.R.S. § 14-3801)
- Assets are distributed according to the will or state law
- Any disputes are resolved
Get Professional Help with Probate
If you’re facing probate in Arizona, our experienced team at Sorrell Estate & Probate can help guide you through the process. We understand the complexities of Arizona probate law and can help make the process as smooth as possible. Contact us at (480) 660-4940 or request a consultation to discuss your probate needs.