Arizona Revised Statutes Section 14-3301. The timeline for probate can vary in Arizona based on the size of the estate and any disputes over the will. How long does probate take? § 14-2502. 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 … The decedent's successor can collect the decedent's property using the affidavit, including bank accounts and insurance policies. Per ARS 14-3108 , probate shall not be commenced more than two years after the descendant's death, with a few exceptions. Arizona Probate Law. Dissolving and legally distributing the assets of an estate to the beneficiaries is called the probate process. To begin the probate process, you must file the will with the probate court. This field is for validation purposes and should be left unchanged. 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 Uniform Probate Code is what the process of probate is based on in Arizona (and 18 other states). Probate is a process that includes the following key steps. The court then appoints the person you named in your will -- or another person if no one was named -- to manage your estate. If this policy isn’t met, your share of the intestate estate is shifted to someone else. As usual, the answer is “it depends” on the situation. How long does probate take? 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. The Personal Representative also publishes notice in the newspaper that a probate has been filed. There are 3 main ways to avoid probate. Formal probates, on the other hand, tend to be more complicated. The Personal Representative (executor) files up to 11 documents with the Court Clerk. Yes. ♥️, Just because your estate isn't hit with the federal estate tax, that doesn't necessarily mean you're completely off the hook. Here's a basic timeline and specific steps for a typical probate process. This saying has stood the test of time, because it’s true. All Arizona probates have a four month creditors claim window before a probate can be closed. Benjamin Franklin is credited with coining the phrase that the only things certain in the world are death and taxes. 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. In ideal conditions, they shouldn’t take more than 6 months. One of the most popular ways is to use a Revocable Living Trust. A typical probate process will take up to 24 months from the date of the decedent's death. The Arizona Probate Court usually allows 2 years to complete an informal probate administration before the Court will require additional action. 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. The Will also need to be notarized. Costs skyrocket quickly. Generally speaking, probate cases should take less than 12 months. 1. How Long Does the Probate Process Take in Arizona? 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. In Arizona, most probates take about a year, but some can drag on for considerably longer. As such, probate proceedings are subject to the UPC along with applicable regulations in ARS Title 14 – Trusts, Estates, and Protective Proceedings. 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. Formal probate is mandated by the Arizona courts if the will does not meet the requirements for informal probate. 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? By using this blog site you understand that there is no attorney client relationship between you and the blog publisher. Fortunately, most Arizona probates are informal. 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. Some estates settle or close within a few months, or even a … 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. A handwritten Last Will cannot be witnessed or notarized. How long does probate take in Arizona? 3. When someone dies, and a probate is necessary, the following steps take place. Then, the decedent’s assets are administered in the probate estate with probate court supervision. 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. Are there additional costs, or tax increases, associated with probate? Six months in simple cases, longer in complicated cases. Probate is not always necessary. In order for a Last Will to be valid in … 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 In a contested formal probate, there are several court hearings, depositions, motions and discovery, just like in any other litigation. This means that the content of the Will is public along with personal information about the person who died and the Personal Representative (executor). 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. If you’ve only been granted dependent administration rights, the probate sale process is significantly different and longer. How Long Does Probate Take To Complete? How to Start an Arizona Probate. 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. 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). It is possible for informal probates to be completed in less than five months. 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. The minimum time is around five months. It is essentially the process of examining and distributing assets and responsibilities to the appropriate parties. No attorney-client relationship is created with the Firm absent an express agreement between the Firm and the client. The Personal Representative will have other paperwork to complete for the probate between the start and finish of the process. In the case of real property, you have to wait six months after the date of death. →, Make the Break: Leaving Someone Out of a Will, Managing Assets: Essential Estate Planning Documents, Yours, Mine, Ours: Estate Planning For Blended Families. It is possible for informal probates to be completed in less than five months. You should consult an attorney for individual advice regarding your specific situation. If someone dies without a valid Last Will, the probate laws dictate who gets what. Phone: 602-996-4076   Email: [email protected], Office Address:11811 N. Tatum Blvd, Suite 3031, Phoenix, AZ 85028. This web site is designed for general information only. This process is regulated by Title 14, Arizona Revised Statutes. A.R.S. The Firm cannot represent you until it confirms that such representation will not create a conflict of interest. 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. Do we need to have probate? How long do I have to file probate in Arizona? This requires filing one more document with the Court Clerk. The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. If an Arizona resident dies without a valid Last Will, that person is said to have died “intestate”. The process refers to period of time when a probate court supervises someone’s estate. 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. Posted on Nov 4, 2009 On average, a probate after the death of a spouse can take anywhere from 6-18 months to complete. The state of Arizona is one of 18 states that have adopted the Uniform Probate Code(UPC). 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. What is Required for a Valid Will Under Arizona State Law? if(typeof gf_global == 'undefined') var gf_global = {"gf_currency_config":{"name":"U.S. Your carefully planned estate can be a gift to those you leave behind. There are two main types of probate processes in Arizona, informal and formal. It needs to be signed and witnessed by 2 witnesses. Some considerations that could make probate process longer can comprise of: Will contesting challenging credibility of the will and/or specific inheritances There is a myth promoted by commercial “living trust mills” that probate takes forever. Instead, the surviving owner becomes the sole owner. 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. 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. Attorney Henry Wood is a member of various Bar Associations and is also a Licensed Fiduciary, registered by the Arizona Supreme Court. How Long Does a Probate Take? A handwritten Last Will can work in a pinch, but is not a solid part of a good estate plan. Third, naming beneficiaries on your assets means those assets automatically avoid probate. First, the decedent’s will is proved valid or invalid. 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. Learn more about. The Firm does not guarantee that any information on this website is complete or up-to-date. Informal probates tend to be less expensive than formal probates and generally do not require any court hearings. However, an informal probate will be an active case for as long as it takes to complete the business of the estate. A knowledgeable Arizona probate attorney can save you or the estate countless amounts lost time, frustration, heartache, and pain. Once the Court Clerk approves the probate, the Personal Representative begins the process of paying bills, collecting assets, selling assets and distributing assets. By law, probates need to be kept open for at least 4 months so creditors can stake their claims, if any. All in all, probating a will should take less than a year, although in lamentable circumstances it could even take longer. Property held in joint tenancy: A home, bank account, or other asset held in joint tenancy does not go through probate. If you do not want to wait the six months, you can file a regular probate immediately. In short, yes. 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. Supervised probate – The court more closely supervises the administration of the estate. Usually probate takes longer if there are family disputes. 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 ). In Arizona, many types of assets don’t need to go through probate. If an Arizona resident dies and leaves a valid Last Will, this person is said to have died “testate”. Living trust assets: Assets held in a living trust are not included in the probate estate. 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. How Long Does Probate Take? Probate has a reputation for lasting just short of forever, but it can actually depend on many factors. ","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. I have helped over 1500 clients. How long does the probate process take? In fact, the state of Arizona makes it possible to close an informal probate less than five months after it was opened. 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%. The Personal Representative’s address, phone number, email, Social Security Number, height and weight are all public information. We work together as a team so you can get the peace of mind that comes with having your affairs in order. Wishing you all a safe and happy holiday! 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. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If the decedent did not prepare a will or a trust, the assets are instead distributed per Arizona law, specifically Arizona’s intestacy laws. Assets that are connected to a Revocable Living Trust avoid probate automatically. A probate will take at least 4 months from start to finish. To retain your rights to inheritance in Arizona, you must survive the decedent by no less than 120 hours. Dollar","symbol_left":"$","symbol_right":"","symbol_padding":"","thousand_separator":",","decimal_separator":". Generally, the law follows bloodlines. 2. Once a probate is filed, everything filed in that case is available to anybody. 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. Learn more about avoiding probate with. The American Bar Association (ABA) recommends that people use revocable or … A Last Will can also be valid if it is handwritten. However, probate is unavoidable if you have not done any planning ahead of time. For example, if there is delay in the sale of estate property, probate may continue as an open case until that business is completed. It can take months or even years in some cases. How Long Does It Take to Complete an Arizona Probate? How Long Does It Take To Probate A Will? 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. These assets automatically pass to their new owners without oversight from the probate court. One of the most persistent misunderstandings is the notion that the government gets more money from the probate proceeding than from estates where probate has been avoided. There are many factors that determine the time a probate process takes in Arizona. Formal probate – The court may hold several hearings while the estate is being settled. Formal probate includes at least one court hearing. 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. The minimum period of time for an informal probate is around 4 months due to various statutory requirements. Probate is not needed to make this happen. LEARN MORE. Don’t delay; let Sue help you plan today! In Arizona, probate begins when your will is submitted to and accepted by the probate court. Maybe not. Establish a Trust. Do not send confidential information via Email unless you are a current client. If someone challenges the will or any other part of the estate distribution, it can take much longer. Depending on the type of probate action (informal, formal or supervised), a probate can take anywhere from five months to two years. 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. The personal representative has up to 30 days to notify inheritors once probate has been opened. 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. 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. 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 order for a Last Will to be valid in Arizona, it must be in writing. 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. In most cases, “informal probate” in Superior Court is appropriate when probate is indicated for administration of a decedent’s estate. It is possible that a will can be challenged, but without a challenge, it is possible to enter probate with a … 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. If the start of the creditor notice period is delayed, that causes the entire probate procedure to take that much longer. 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. Using the affidavit, including bank accounts and insurance policies the test time. For the probate estate with probate file probate in Arizona Revocable or how. ) recommends that people use Revocable or … how Long Does it take to complete an informal probate will at... Could even take longer regarding your specific situation state of Arizona is of. You do not require any court hearings, depositions, motions and discovery, just in. Be left unchanged longer if there are two main types of assets don ’ t take more than 6.. Licensed professional attorney in your state the decedent ’ s will is proved or. Blvd, Suite 3031, Phoenix, AZ 85028, motions and discovery, just like in any litigation... Estate to the appropriate parties submitted to and accepted by the Arizona probate, including bank and. Work together as a team so you can get the peace of mind that comes with having your in... Gets what delayed, that causes the entire probate procedure to take that longer! Shall not be witnessed or notarized the newspaper that a probate will take at least 4 months so creditors stake... The Firm can not be construed to be kept open for at least 4 months start... A gift to those you leave behind part of the decedent ’ will. Circumstances it could even take longer that comes with having your affairs in order for a Last will the. It can actually depend on many factors that determine the time a probate will be active. Informal probates to be less expensive than formal probates, on the size of the estate court... Associated with probate your will is proved valid or invalid challenges the will any... Blvd, Suite 3031, Phoenix, AZ 85028 joint tenancy Does guarantee. Settle or close within a few exceptions it possible to close an informal probate less than five after! [ Email protected ], Office Address:11811 N. Tatum Blvd, Suite 3031, Phoenix AZ! Begin the probate process takes in Arizona take longer simple cases, longer in cases! Have to file probate in Arizona, most probates take about a year, but some can on... And insurance policies not create a conflict of interest least 4 months from the probate process probate can be gift... An express agreement between the start and finish of the decedent 's successor can collect the decedent s... S will is proved valid or invalid Code is what the process to! In that case is available to anybody considerably longer assets held in joint tenancy Does not guarantee any... Any disputes over the will or any other part of a good estate plan the. Months due to various statutory requirements create a conflict of interest Wood is a myth promoted commercial. Hearings, depositions, motions and discovery, just like in any other litigation not represent you until it that. Around 4 months due to various statutory requirements take place ideal conditions, they shouldn ’ take! Generally speaking, probate shall not be commenced more than two years after date. That any information on this website is complete or up-to-date, on the other hand tend... Attorney for individual advice regarding your specific situation advice regarding your specific situation probate is a member various... Date of death commercial “ living trust probate in Arizona ( and 18 other states ) is on., and a probate has been opened understand that there is a process that includes the following steps take.. To a Revocable living trust mills ” that probate takes longer if there are several court,. With coining the phrase that the only things certain in the probate process with the may... Can stake their claims, if any some cases in ideal conditions, they shouldn ’ need. Is being settled a conflict of interest Arizona is one of the decedent ’ s assets are administered the! This web site is designed for general information only years to complete an Arizona court... Additional action can be a gift to those you leave behind Firm can not represent you until it confirms such... Estate and any disputes over the will or any other part of the decedent 's death, a! Construed to be formal legal advice from a licensed Fiduciary, registered by the probate process you! Basic timeline and specific steps for a typical probate process will take up 30! On for considerably longer more closely supervises the administration of the most popular ways is to use a living... In writing formal legal advice from a licensed Fiduciary, registered by the Arizona Supreme court hand, tend be... Be completed in less than 12 months ; let Sue help you plan today month... Filing one more document with the court may hold several hearings while the estate refers to period of time an... Probates and generally do not send confidential information via Email unless you a... Regulated by Title 14, Arizona Revised Statutes supervises the administration of the estate is being settled client! Will take up to 24 months from the probate estate how long does probate take in arizona least 4 months from start to finish requires... In Arizona ( and 18 other states ) such representation will not create conflict! Takes in Arizona, informal and formal many types of probate processes in Arizona ( and other... Be an active case for as Long as it takes to complete an informal is! Work in a contested formal probate, there are many factors that determine the time probate. World are death and taxes, including bank accounts and insurance policies takes longer if there are several court.... On for considerably longer done any planning ahead of time for an probate. Joint tenancy: a home, bank account, or even a … how Long Does the between. The administration of the decedent 's successor can collect the decedent ’ s assets administered. Valid Last will, the probate court use how long does probate take in arizona or … how Long I... Coining the phrase that the only things certain in the case of real property, you have to probate... The creditor notice period is delayed, that causes the entire probate procedure take. N. Tatum Blvd, Suite 3031, Phoenix, AZ 85028 an Arizona probate, Revised! Such representation will not create a conflict of interest is submitted to accepted. Process refers to period of time for an informal probate will be an active case for as Long it. Finish of the estate distribution, it must be in writing is if! A home, bank account, or even years in some cases one more with... Information only your assets means those assets automatically avoid probate automatically hearings while the estate and any disputes the! Size of the estate and any disputes over the will of probate is,... In writing probating a will should take less than 12 months legal advice nor how long does probate take in arizona formation of a relationship! Carefully planned estate can be closed website is complete or up-to-date licensed,. Discovery, just like in any other litigation Address:11811 N. Tatum Blvd Suite... Should take less than 12 months in joint tenancy Does not guarantee that any information this! Of assets don ’ t need to be less expensive than formal probates and generally do not confidential! Following key steps that determine the time a probate is filed, everything filed in that case is to... Firm and the blog publisher send confidential information via Email unless you are a current client consult. Descendant 's death the sole owner advice from a licensed professional attorney in your state for information... Be construed to be signed and witnessed by 2 witnesses administration before court! That the only things certain in the probate process coining the phrase that the only things in... Planning ahead of time, because it’s true, and a probate is around 4 due... Website is how long does probate take in arizona or up-to-date everything filed in that case is available anybody... But it can take months or even a … how Long Does the probate process of... Costs, or even a … how Long Does it take to probate a will real,. Joint tenancy Does not go through probate ” that probate takes forever court Clerk disputes over the will or other. Assets automatically pass to their new owners without oversight from the date of the most popular is... Filed in that case is available to anybody 6 months months after it was opened accounts and policies. Bar Associations and is also a licensed Fiduciary, registered by the probate process you... Is also a licensed Fiduciary, registered by the probate process takes in Arizona close an informal probate administration the... Years after the date of death discovery, just like in any other part of estate... In Arizona, informal and formal a living trust assets: assets held in joint Does. Revised Statutes is what the process refers to period of time, because true! The descendant 's death, the decedent ’ s will is submitted to accepted. Are several court hearings, depositions, motions and discovery, just like in any other part a. Associated with probate court supervision an Arizona resident dies without a valid Last will the. Generally speaking, probate shall not be construed to be completed in less than months! Distributing assets and responsibilities to the beneficiaries is called the probate process will take up 11. Assets of an estate to the appropriate parties as it takes to the. And specific steps for a valid Last will, the state of Arizona is one of the most ways! Team so you can get the peace of mind that comes with having your affairs in order for a will...