When someone dies, we’re curious how property transfers. Sometimes it’s by operation of law and outside of court process, while other times we need the court’s power to transfer assets. Arizona is a Uniform Probate Jurisdiction, whereby property can transfer through an informal process.
Of course, as an attorney, I highly recommend you fill out the form below and give us a call. I can probably talk with you today, as this area of law really excites me. I would love to simplify it for you.
Here are a series of questions that people ask:
Do all estates have to go through probate in Arizona?
No. Only the probate estate goes through probate. The non-probate estate avoids probate. That is, only “probate property” goes through probate.
What are non probate assets in Arizona?
Sometimes the best way to understand probate property is to understand what is not probate property. For example, life insurance is not probate property. It transfers to beneficiaries by a pay on death contract. Similarly, naming a beneficiary on an account causes that asset to transfer outside of probate. Real estate can be non-probate. It would need to be titled properly. For many, the goal of estate planning is avoiding probate because of the back-end costs and hassle associated.
How much does an estate have to be worth to go to probate in Arizona (AZ)?
Less than $100k in real estate equity and less than $75k in personal property is a small estate transfer. Of course the cumulative amount can bring it into probate. The court will reject a small estate affidavit that is cutting it close. There’s interesting cases where someone died decades ago and we use the value at death, which makes it a small estate transfer.
How do you probate an estate in Arizona?
Probating an estate is a process, either informal or formal, depending on the circumstances. It starts with an application/petition and proceeds with accounting for assets and distributions to heirs/devisees. There are notice requirements and procedures that must be followed. There’s significant liability when done improperly.
How long does probate take in Arizona?
It takes no less than four months because that is the statutory creditor/objection period. In fact, five to six months is rather fast though. One year is probably reasonable, depending on the assets and number of people involved.
What assets are not considered part of a decedent’s estate?
The most obvious answer are assets that transfer by “rights of survivorship.” For instance, if a spouse dies in Arizona and the couple has a piece of real estate titled as “community property with rights of survivorship,” then it transfer to the other spouse outside of probate by the recording statute. We can help with that process for a low fee.
How do I know if probate is needed?
Call us and we can quickly help you develop a peace of mind whether probate is needed. We’ve seen people assume it is not needed and get into trouble when they later realize that it was required. It really comes down to the nature of the property.
How much does it cost to hire an attorney to probate in Arizona?
Our costs depend on the complexity and reasonable predictability. It’s difficult to generally quote because of the varying situations, and you may be on the lower end. The more complex estates cost more. We have some of the most reasonable rates to get you through the process. It’s at least worth a consultation.
Can you sell a house during probate Arizona, and how can you determine if property involves probate?
If you’re given the court authority to sell that house, then that’s the purpose of probate. You cannot sell a house of a deceased person when it is titled as probate property. We’ve seen it where people were on titled with a deceased person and it didn’t close because of the way it was titled. Although people fear expensive lawyers, we pride ourselves in saving our clients time, money, and stress.
Is probate needed to transfer property?
It depends on the way it is titled. You’ll notice that theme with a lot of these questions. Lawyers can quickly discern whether probate is needed when someone dies and they are on title.
What happens during probate in Arizona?
The best answer is that some people are included in the process and others do not need to know. Someone needs to be appointed. That person is given court authority to do everything necessary to close out the probate estate.
How long do you have to do probate after a death and shat happens if you don’t file probate in Arizona?
Parties have two (2) years to file probate. If you don’t file, there can be consequences and only some property can be transferred through a late probate. When people sleep on their rights, the state can take the property. Things get complicated when property sits and doesn’t transfer. We’ve seen property stay in a deceased party’s name for fifty years. Then, there’s a lot of grandchildren that need to be involved to effectuate the transfer, or more expensive and time consuming court process.
What is the purpose of probate?
This is a good question to summarize this article. The overall purpose of probate is to transfer property out of the name of the deceased party. We like to keep property moving. We don’t want it to stay stagnant. The goal is to move forward. We offer an affordable rate and we simplify the process to help our clients obtain a peace of mind, which is so valuable when mourning the loss of a loved one and the legacy of a life well lived.
