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Do I Need Probate If There Are No Assets?

The primary purpose of probate is to transfer a decedent’s assets to their beneficiaries or legal heirs. When an estate doesn’t have any assets—or when the estate’s assets are positioned to transfer to beneficiaries outside of probate—then probate may not be necessary. In this case, the only notable benefit to completing probate would be to formally close the decedent’s estate….

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Cost of Arizona Probate and Other Associated Fees

You will frequently hear that probate is expensive and will take a long time. Of course, the meaning of expensive and time-consuming is relative. Let’s start with the cost side first. Will the Attorney Take a Percentage of the Estate in AZ? The short answer is no. Probate attorneys in Arizona are required to charge a “reasonable” fee for services,…

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Arizona Probate Law for Someone Who Dies With No Will

When someone passes away without a will, they die “intestate.” Their assets will transfer to their heirs through probate court according to the laws of intestate succession. Unfortunately, intestacy proceedings don’t leave the decedent’s family and friends with much say over who gets what. Before we dive into the specifics of intestacy laws in Arizona, it helps to understand what…

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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 After Probate is Closed?

Probate is the legal process of settling a deceased individual’s estate. In the state of Arizona, the probate process is based on the Uniform Probate Code (adopted by 18 states) and regulated by Arizona Revised Statutes Title 14. Why is Probate Necessary? When someone dies, an individual acting on their behalf (known as a personal representative) will need to ensure…

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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 Long Do You Have to File Probate After Death?

Probate is the legal process of closing someone’s estate after they pass away. Probate proceedings can vary widely from case to case in terms of their scope and length, but the primary purpose is always the same: settle the decedent’s liabilities and distribute the estate’s assets. In the ideal scenario, the decedent has left a will that nominates a personal…

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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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