How Does Probate Work in Arizona?

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by | Nov 30, 2022 | Probate Law

If someone in Arizona dies and they have a will, the probate process will go much smoother. However, if they die without a will, the probate process can become quite complicated. In this blog post, we will discuss how probate works in Arizona, including the steps that need to be taken in order to settle an estate.

What Is Probate?

Probate is the process of administering a deceased person’s estate in order to settle their debts and distribute any remaining assets. This can include real estate, investments, bank accounts, personal property, and other assets. The probate court oversees the process to ensure it is handled properly.

In Arizona, all probate proceedings are handled by the Superior Court in the county where the deceased person resided. The process is started by filing an application with the court and presenting a copy of the deceased person’s will if there was one. If no will was written, then the court may appoint an administrator to handle the estate.

The Steps of Probate

Once an application is filed and the court has accepted it, the following steps must be taken in order to complete the probate process:

1. Notify Beneficiaries

The executor (if one is appointed) will notify all beneficiaries listed in the deceased person’s will that probate proceedings have begun.

2. Collect Assets

All assets owned by the deceased person must be collected and appraised. This includes real estate, investments, bank accounts, and personal property.

3. Pay Debts

All outstanding debts of the deceased must be paid with funds from the estate. This can include funeral expenses, medical bills, taxes, creditors and other debts owed to individuals or businesses.

4. File Tax Returns 

All income and estate tax returns must be filed with the appropriate government agencies.

5. Distribute Assets

Once all debts have been paid, the remaining assets can be distributed to the beneficiaries listed in the will or to the heirs of the estate if no will was written.

Other Things To Consider

There are a few other things to consider when dealing with probate in Arizona. First, the court may require additional documentation from the executor or administrator. This could include proof of death, an inventory of assets and liabilities, and other legal documents.

Second, it’s important to note that the probate process can take several months to complete. This timeline can be affected by a number of factors, including the complexity of the estate and any disputes that may arise.

Finally, it’s important to seek out legal advice when dealing with probate in Arizona. An experienced attorney can help you navigate the process and make sure your rights are protected throughout.

The probate process can be complicated and time-consuming. It is important to have a qualified attorney handle the process in order to ensure everything is handled properly and according to Arizona state law. If you need help administering an estate in Arizona, contact our experienced attorneys today for a free consultation.  Our knowledgeable and compassionate team will guide you through the process and make sure the estate of your loved one is handled properly.

We hope this blog post has been helpful in providing an overview of the probate process in Arizona. If you have any questions or need help administering an estate, please do not hesitate to reach out to our experienced attorneys today. We are here to help and guide you through the process.  Thank you again for reading!

Are You Looking For A Probate Attorney You Can Trust?

The attorneys at GillespieShields are well-versed in various legal fields, ranging from probate cases to civil suits, employment disputes and family law. Our estate planning and probate law attorneys have 27 years of experience in estate planning and probate law. We believe in working with clients to resolve their reasonable legal goals. We pay close attention to detail and take the time to listen to our clients’ needs. People often do not take the time or make the effort to plan for disability and death. Many of the issues that arise can be avoided, or at least managed, with a bit of time and effort. Successful estate planning requires not only the knowledge and experience of an attorney but also work on the client’s part—especially when it comes to funding trusts and maintaining the designations of beneficiaries. We believe our clients deserve personal attention and estate plans customized to their finances, family situation, and preferences.

We also have ample experience handling matters of probate. Probate litigation processes can become lengthy and unpleasant, so hiring an experienced attorney who can handle such matters gracefully and with skill is necessary. At GillespieShields, we believe that a nuanced understanding of probate law can make all the difference in a difficult case. Contact us today for your consultation!


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