Arizona Probate Law. As usual, the answer is “it depends” on the situation. One of the most popular ways is to use a Revocable Living Trust. When someone dies, and a probate is necessary, the following steps take place. Some considerations that could make probate process longer can comprise of: Will contesting challenging credibility of the will and/or specific inheritances The personal representative has up to 30 days to notify inheritors once probate has been opened. 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 fact, the state of Arizona makes it possible to close an informal probate less than five months after it was opened. Third, naming beneficiaries on your assets means those assets automatically avoid probate. Instead, the surviving owner becomes the sole owner. It can take months or even years in some cases. Costs skyrocket quickly. If you’ve only been granted dependent administration rights, the probate sale process is significantly different and longer. By law, probates need to be kept open for at least 4 months so creditors can stake their claims, if any. A probate will take at least 4 months from start to finish. If you administering or involved in the probate process for a loved one in Arizona, learn about the factors that influence the time that probate takes. In order for a probate to be completed as soon as possible, it is important not to unnecessarily delay any part of the legal process. Yes. Learn more about avoiding probate with. However, an informal probate will be an active case for as long as it takes to complete the business of the estate. This requires filing one more document with the Court Clerk. Usually probate takes longer if there are family disputes. 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. A Last Will can also be valid if it is handwritten. There are 3 main ways to avoid probate. In ideal conditions, they shouldn’t take more than 6 months. There is a myth promoted by commercial “living trust mills” that probate takes forever. Phone: 602-996-4076   Email: [email protected], Office Address:11811 N. Tatum Blvd, Suite 3031, Phoenix, AZ 85028. If an Arizona resident dies and leaves a valid Last Will, this person is said to have died “testate”. Your carefully planned estate can be a gift to those you leave behind. The decedent's successor can collect the decedent's property using the affidavit, including bank accounts and insurance policies. Six months in simple cases, longer in complicated cases. Are there additional costs, or tax increases, associated with probate? To retain your rights to inheritance in Arizona, you must survive the decedent by no less than 120 hours. If someone challenges the will or any other part of the estate distribution, it can take much longer. Living trust assets: Assets held in a living trust are not included in the probate estate. How long does probate take? What is Required for a Valid Will Under Arizona State Law? How long does probate take in Arizona? The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. The process refers to period of time when a probate court supervises someone’s estate. A.R.S. There are many factors that determine the time a probate process takes in Arizona. Formal probate includes at least one court hearing. In Arizona, probate begins when your will is submitted to and accepted by the probate court. Probate is not always necessary. In a contested formal probate, there are several court hearings, depositions, motions and discovery, just like in any other litigation. Supervised probate – The court more closely supervises the administration of the estate. This field is for validation purposes and should be left unchanged. Sending an Email will not make you a client of the Firm and information included in your Email will not be treated as privileged or confidential. If someone dies without a valid Last Will, the probate laws dictate who gets what. Second, owning property as joint tenants with right of survivorship means that when the first member of the joint pair dies, the other member owns property 100%. In Arizona, there are at least three types of probate proceedings: Informal probate – The estate is settled with very little action from the probate court. 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 order for a Last Will to be valid in … A handwritten Last Will cannot be witnessed or notarized. Once a probate is filed, everything filed in that case is available to anybody. Depending on the type of probate action (informal, formal or supervised), a probate can take anywhere from five months to two years. LEARN MORE. If the probate is uncontested and is informal, most probates last between six to eight months depending on how quickly the Personal Representative (executor) completes the required duties. Assets that are connected to a Revocable Living Trust avoid probate automatically. It needs to be signed and witnessed by 2 witnesses. 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. ♥️, Just because your estate isn't hit with the federal estate tax, that doesn't necessarily mean you're completely off the hook. Fortunately, most Arizona probates are informal. This process is regulated by Title 14, Arizona Revised Statutes. We work together as a team so you can get the peace of mind that comes with having your affairs in order. The Arizona Probate Court usually allows 2 years to complete an informal probate administration before the Court will require additional action. →, Make the Break: Leaving Someone Out of a Will, Managing Assets: Essential Estate Planning Documents, Yours, Mine, Ours: Estate Planning For Blended Families. Generally speaking, probate cases should take less than 12 months. In order for a Last Will to be valid in Arizona, it must be in writing. In Arizona, most probates take about a year, but some can drag on for considerably longer. How long does probate take? It is essentially the process of examining and distributing assets and responsibilities to the appropriate parties. If the probate is uncontested and is informal, most probate processes last between six to eight months depending on how quickly the executor completes the required duties. Per ARS 14-3108 , probate shall not be commenced more than two years after the descendant's death, with a few exceptions. How to Start an Arizona Probate. Probate is not needed to make this happen. It is possible for informal probates to be completed in less than five months. 3. The Uniform Probate Code is what the process of probate is based on in Arizona (and 18 other states). In short, yes. Establish a Trust. The Will also need to be notarized. 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. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. For example, if the personal property of the decedent does not exceed the value of $50,000, thirty days after the death of the decedent, the successor entitled to such property can present an affidavit to the holder of such personal property as long as the affidavit complies with Arizona … A knowledgeable Arizona probate attorney can save you or the estate countless amounts lost time, frustration, heartache, and pain. Any “interested person” or a personal representative can petition the court to initiate formal probate if they wish to contest the will ( Title 14-3401 ). By using this blog site you understand that there is no attorney client relationship between you and the blog publisher. Dollar","symbol_left":"$","symbol_right":"","symbol_padding":"","thousand_separator":",","decimal_separator":". I have helped over 1500 clients. A small estate affidavit is a probate alternative that can be used when decedent's probate property is less than $100,000 and does not include any real property (such as a home or land). Informal probate simply means that a judge will not be involved, and the paperwork is processed by the probate clerk’s office without having to set any formal hearings before a judge. How Long Does a Probate Take? Here's a basic timeline and specific steps for a typical probate process. A handwritten Last Will can work in a pinch, but is not a solid part of a good estate plan. ","decimals":2},"base_url":"https:\/\/woodlegal.com\/wp-content\/plugins\/gravityforms","number_formats":[],"spinnerUrl":"https:\/\/woodlegal.com\/wp-content\/plugins\/gravityforms\/images\/spinner.gif"};jQuery(document).bind('gform_post_render', function(event, formId, currentPage){if(formId == 1) {} } );jQuery(document).bind('gform_post_conditional_logic', function(event, formId, fields, isInit){} ); jQuery(document).ready(function(){jQuery(document).trigger('gform_post_render', [1, 1]) } ); Please note that the information and materials contained on this website are not, nor are they intended to be, legal advice. 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. Posted on Nov 4, 2009 On average, a probate after the death of a spouse can take anywhere from 6-18 months to complete. 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. Benjamin Franklin is credited with coining the phrase that the only things certain in the world are death and taxes. How Long Does the Probate Process Take in Arizona? 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 Learn more about. However, probate is unavoidable if you have not done any planning ahead of time. Then, the decedent’s assets are administered in the probate estate with probate court supervision. Dissolving and legally distributing the assets of an estate to the beneficiaries is called the probate process. If you do not want to wait the six months, you can file a regular probate immediately. 1. How Long Does Probate Take? 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. § 14-2502. For example, if there is delay in the sale of estate property, probate may continue as an open case until that business is completed. The American Bar Association (ABA) recommends that people use revocable or … No attorney-client relationship is created with the Firm absent an express agreement between the Firm and the client. A typical probate process will take up to 24 months from the date of the decedent's death. 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. How Long Does It Take To Probate A Will? Arizona Revised Statutes Section 14-3301. The court then appoints the person you named in your will -- or another person if no one was named -- to manage your estate. Probate is a process that includes the following key steps. The Firm does not guarantee that any information on this website is complete or up-to-date. The minimum time is around five months. While Title 14 has time provisions when giving notices, intestate succession, general provisions such as an ultimate time limit, probate cases in Arizona can take years to conclude. Under Arizona probate law, the personal representative must notify the creditors that he or she has been authorized to take control of the decedent’s estate. You should consult an attorney for individual advice regarding your specific situation. This means that the content of the Will is public along with personal information about the person who died and the Personal Representative (executor). All in all, probating a will should take less than a year, although in lamentable circumstances it could even take longer. 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. The state of Arizona is one of 18 states that have adopted the Uniform Probate Code(UPC). If the decedent did not prepare a will or a trust, the assets are instead distributed per Arizona law, specifically Arizona’s intestacy laws. If this policy isn’t met, your share of the intestate estate is shifted to someone else. https://rfr.bz/t1hdpvy, DURABLE MENTAL HEALTH CARE POWER OF ATTORNEY, ← Advance Medical Directives: Facts About Medical Living Wills And Powers of Attorney, What are 4 of the Most Common Estate Planning Mistakes? Additionally, in many cases, a knowledgeable Probate Attorney can save the estate $1,000’s by avoiding pitfalls and taking advantage of lesser-known rules and rights you, the estate, or the beneficiaries may have. 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. 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. In most cases, “informal probate” in Superior Court is appropriate when probate is indicated for administration of a decedent’s estate. These assets automatically pass to their new owners without oversight from the probate court. How Long Does It Take to Complete an Arizona Probate? Formal probate – The court may hold several hearings while the estate is being settled. In the case of real property, you have to wait six months after the date of death. The representative needs to do two things: 1) publish the notice in any local newspaper and 2) mail the notice to each of the known creditor. It is possible for informal probates to be completed in less than five months. The Probate Process When you pass away, if you have a Will, your appointed personal representative or executor will need to file your Will with the court. Informal probates tend to be less expensive than formal probates and generally do not require any court hearings. Maybe not. The Firm cannot represent you until it confirms that such representation will not create a conflict of interest. All Arizona probates have a four month creditors claim window before a probate can be closed. How long do I have to file probate in Arizona? If an Arizona resident dies without a valid Last Will, that person is said to have died “intestate”. 2. In Arizona, many types of assets don’t need to go through probate. This web site is designed for general information only. Attorney Henry Wood is a member of various Bar Associations and is also a Licensed Fiduciary, registered by the Arizona Supreme Court. But, in general, if an Arizona routine probate is required, and there is nothing “unusual” in the situation, you can expect the process to take a minimum of five months and up to two years. Formal probates, on the other hand, tend to be more complicated. These probate sales follow the timeline of a traditional real estate sale, which currently takes take an average of three weeks to receive and accept an offer and an average 47-day escrow period. The Personal Representative’s address, phone number, email, Social Security Number, height and weight are all public information. There are two main types of probate processes in Arizona, informal and formal. if(typeof gf_global == 'undefined') var gf_global = {"gf_currency_config":{"name":"U.S. The minimum period of time for an informal probate is around 4 months due to various statutory requirements. This saying has stood the test of time, because it’s true. The Personal Representative also publishes notice in the newspaper that a probate has been filed. To begin the probate process, you must file the will with the probate court. First, the decedent’s will is proved valid or invalid. It depends on the size and complexity of the estate, the schedule of the local probate court, and whether there are any disputes involving family members and/or creditors. The Personal Representative (executor) files up to 11 documents with the Court Clerk. Arizona law allows for people to prove their own wills, so there does not have to be an independent verification as long as the written will has followed all of the necessary conditions. How long does the probate process take? Do we need to have probate? Wishing you all a safe and happy holiday! Once the Court Clerk approves the probate, the Personal Representative begins the process of paying bills, collecting assets, selling assets and distributing assets. If the start of the creditor notice period is delayed, that causes the entire probate procedure to take that much longer. Transmission of the information contained in the Firm website is not intended to create an attorney-client relationship with the Firm or any of its individual attorneys. Probate has a reputation for lasting just short of forever, but it can actually depend on many factors. The Personal Representative will have other paperwork to complete for the probate between the start and finish of the process. Do not send confidential information via Email unless you are a current client. Don’t delay; let Sue help you plan today! Property held in joint tenancy: A home, bank account, or other asset held in joint tenancy does not go through probate. Formal probate is mandated by the Arizona courts if the will does not meet the requirements for informal 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. How Long Does Probate Take To Complete? Some estates settle or close within a few months, or even a … Arizona probate attorney explains how to do a do-it-yourself probate for the estate of an Arizona resident or a nonAZ resident who owns AZ real property. Generally, the law follows bloodlines. It is possible that a will can be challenged, but without a challenge, it is possible to enter probate with a … The timeline for probate can vary in Arizona based on the size of the estate and any disputes over the will. As such, probate proceedings are subject to the UPC along with applicable regulations in ARS Title 14 – Trusts, Estates, and Protective Proceedings. 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