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Personal Representative Duties in Probate Cases

In each probate case, a personal representative is either designated by the will, volunteer basis, or assigned by the court. The personal representative plays a very important role in this process. They are required to assess and distribute assets owned by the decedent. Duty to Create an Inventory AZ probate law imposes on personal representatives to give adequate notice.  As…

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Are Joint Accounts Subject To Probate?

There are six types of assets that are considered “non-probate assets.” These can bypass the cumbersome probate process, saving both time and money. They are: Brokerage or bank accounts held in joint tenancy, or with a transfer-on-death (TOD) or payable-on-death (POD) beneficiary Retirement accounts (e.g. 401k, IRA) Life insurance policies with a 3rd party beneficiary Real or personal property held…

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What Types of Assets Need to Go Through Probate in Arizona?

When you’re trying to determine which assets need to go through probate, it’s important to consider how the asset is titled. Generally speaking, assets that are titled solely in the decedent’s name need to be probated, while assets that are jointly-owned or have a designated beneficiary can transfer ownership outside of probate. For example, a car. If the car in…

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How to Find Out if an Estate is in Probate in Arizona

If you are an interested party (beneficiary) to an estate, you should receive a notice when probate is opened for the estate. The initial notice usually includes a waiver of notice of probate of a will, along with copies of the will and other relevant documents. If you have not received a notice, it either means that probate hasn’t been…

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What Happens if No One Applies for Probate?

Probate is the legal process of executing a decedent’s will, settling their liabilities, distributing their individually-titled assets, and closing their estate. Probate can be a long and costly process, but the good news is that probate isn’t always necessary. Assets that have a designated beneficiary can transfer ownership automatically outside of probate, and estates with no valuable assets don’t need…

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What Happens at an Arizona Probate Court Hearing?

In the state of Arizona, the probate process is based on the Uniform Probate Code (UPC), a standardized set of probate laws adopted by many to simplify the probate process. Based on the UPC, there are three types of probate proceedings: informal probate, formal unsupervised probate, and formal supervised probate. Informal Probate This is the most common type of probate,…

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How Long Does It Take to Be Notified of an Inheritance?

The probate (inheritance) process can be confusing and intimidating, especially if you have never gone through it before. Unless you are an attorney or a financial planner, you will probably go through the probate process only once or twice in your life, and that limited experience definitely does not make you an expert. That is why it is so important to…

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How Long Does the Probate Process Take?

In the state of Arizona, probate proceedings are governed by ARS Title 14 – Trusts, Estates, and Protective Proceedings. If there’s one question that every probate attorney can count on answering in an initial client consultation, this is it. Unfortunately, it’s impossible to answer definitively. The length of time between when the decedent’s will is opened and when the estate…

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How to Avoid Probate in Arizona

The most commonly heard advice about probate is to avoid it entirely if you can. However, you obviously can’t always expect your own death or the death of your loved ones. When someone close to you dies, it’s already a complicated time for everyone involved, so probate just adds to all that chaos. The biggest problem with probate is that…

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How to Start Probate for an Estate

In the state of Arizona, most probate cases are considered “informal.” With informal probate, the estate’s personal representative (also known as the executor) is authorized to probate the estate without court supervision. As long as nobody contests the will or objects to the personal representative’s actions, the court’s only involvement will be to open probate and close the estate when…

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