Probate is the legal process of administering and distributing a deceased person’s estate. This process ensures the proper transfer of assets—such as real property, bank accounts, investments, and personal belongings—to rightful heirs or devisees (beneficiaries under a Will) and settles outstanding debts or taxes. The probate process usually takes place in the state and county where the deceased lived at the time of death. If the deceased owned property in other states, additional probate proceedings may be necessary.

Key Steps in the Probate Process

1. Filing the Will: If the deceased left a will, the executor must file it with the probate court. The court reviews the document for validity and ensures that interested parties (the decedent’s next of kin and those named in the Will) have a chance to contest it. If no Will exists, the estate passes through intestacy laws, which determine who has priority to serve as the personal representative and inherit assets.
2. Appointing an Executor or Administrator: The court appoints someone to manage the estate. Under Arizona law, this person is called the personal representative, commonly known as an “executor.” If a Will names an executor, the court usually appoints that person. If no Will exists, the court selects an administrator based on the priority set by intestacy laws.
3. Inventorying Assets: The personal representative identifies and values all estate assets.
4. Paying Debts and Taxes: Before distributing assets, the personal representative must settle outstanding debts, funeral expenses, administration costs, and applicable taxes.
5. Distributing Assets: After meeting all obligations, the personal representative distributes the remaining assets to heirs or devisees based on the Will or intestacy laws.

When Is Probate Necessary?

Probate is required for estates that include solely owned assets without named beneficiaries or joint ownership. In Arizona, probate becomes necessary when the estate’s total value exceeds $75,000 in personal property or $100,000 in real property.

Assets that typically require probate include:

• Real estate owned solely by the deceased
• Bank accounts or investments without a payable-on-death designation
• Vehicles or other titled property owned solely by the deceased
• Personal valuables

However, certain assets bypass probate under Arizona law, including:

• Property held in joint tenancy with right of survivorship
• Assets in a living trust
• Accounts with designated beneficiaries, such as life insurance or retirement accounts

Arizona also offers simplified probate procedures for estates below the threshold values. Heirs can file an affidavit to claim assets, reducing time and expenses.

Simplified Probate Options

Many states offer simplified probate for smaller estates. In Arizona, heirs can use a Small Estate Affidavit if the estate’s value falls below $75,000 in personal property and $100,000 in real property. This process allows beneficiaries to bypass probate by submitting an affidavit to the financial institution or entity holding the assets. For personal property, heirs must wait 30 days after the decedent’s death before filing. For real property, the waiting period is six months, and heirs must file the affidavit with the court.

How to Avoid Probate

Estate planning tools such as living trusts, payable-on-death accounts, and joint ownership can reduce or eliminate the need for probate. Trusts, in particular, allow seamless asset transfers without court involvement. A living trust lets you maintain control of your assets during your lifetime while specifying how they should be distributed upon incapacity or death. Since the trust owns the assets, they avoid probate, ensuring a faster, private, and cost-effective transfer. Trusts also provide flexibility for complex estates and protect assets from disputes or wasteful heirs.

How to Start Probate

If you need to start probate or have related questions, consulting an experienced probate attorney is invaluable. We offer a complimentary consultation to assess your situation and determine the best probate route. If you choose to proceed with our help, we guide you through filing documents, meeting court deadlines, and complying with state laws. We also assist with dispute resolution, asset valuation, and estate administration. Our consultation will clarify the requirements and responsibilities, making the process more manageable and efficient.

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