Frequently Asked Questions

Probate is the legal process of settling a deceased person’s estate. It involves validating the will (if one exists), identifying assets, paying debts and taxes, and distributing the remaining property to heirs or beneficiaries.

Not always. Small estates may qualify for simplified procedures or may avoid probate entirely if assets were held in trust, joint ownership, or with designated beneficiaries (like life insurance or retirement accounts).

Probate typically takes between 6 and 12 months in Arizona. However, complex or contested cases can take longer, especially if real estate is involved or heirs dispute the terms of the will.

Costs vary depending on the complexity of the estate. Court fees, publication costs, appraisals, and legal document preparation can range from a few hundred to several thousand dollars. In general, probate may consume 5–10% of the estate's total value.

If someone dies without a will (intestate), Arizona law determines who inherits. Typically, this includes the spouse, children, parents, or siblings, depending on the family situation.

The court appoints a personal representative (also called an executor or administrator) to manage the estate. This person is responsible for collecting assets, paying debts, and distributing property.

Yes, but it’s often challenging without legal guidance. Arizona probate involves strict rules, deadlines, and required forms. Many people choose to work with a legal document preparer, fiduciary, or attorney to avoid costly mistakes.

A Licensed Fiduciary is a court-approved professional who can serve as a personal representative, guardian, or conservator. They are regulated by the Arizona Supreme Court and must meet education and background standards.

Common ways to avoid probate include creating a revocable living trust, using payable-on-death (POD) accounts, joint ownership with rights of survivorship, and keeping beneficiary designations up to date.

The probate court oversees the administration of an estate. It ensures that the decedent’s will is valid, the personal representative follows proper procedures, creditors are paid, and assets are distributed correctly.

Yes. Probate can be contested if someone challenges the validity of the will, the appointment of the personal representative, or how the estate is being handled. This often requires legal representation and can delay the process.

In Arizona, if the total value of personal property is $75,000 or less—or real estate is valued at $100,000 or less—you may be able to settle the estate using a simplified process called a small estate affidavit, avoiding full probate.

The estate is responsible for paying the decedent’s debts, including medical bills, taxes, and credit cards. Creditors must file claims within a certain period, and valid debts are paid before assets are distributed to heirs.

Real estate typically requires probate unless it was held in joint tenancy or a trust. The court will authorize the sale or transfer of the property by the personal representative.

Yes, the court can appoint co-personal representatives if more than one person is named in the will or if the heirs agree. However, this can complicate decision-making and often requires clear cooperation.

If heirs or beneficiaries can’t be found, the personal representative must make reasonable efforts to locate them. If they remain unlocated, their inheritance may eventually be turned over to the state (escheatment).

Their assets still go through probate, unless they had pre-arranged beneficiary designations or a trust. The place of death does not affect whether probate is needed.

Yes. If you create a will, you can name the person you trust to serve as personal representative. The court generally honors this choice unless the person is unwilling or ineligible.

As soon as possible after someone passes away. Early guidance can prevent missteps, help determine whether probate is needed, and clarify your responsibilities.