Library

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…

Read More

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,…

Read More

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….

Read More

How Long Can an Estate Stay in Probate?

When someone dies, their beneficiaries have up to two years to open probate. Once probate is opened, there aren’t any time limits that will cause the case to expire. A probate judge may issue deadlines to hold the estate’s executor responsible, but the court will generally allow a reasonable amount of time for the executor to handle the estate’s affairs….

Read More

Can a Bank Foreclose on a House in Probate?

Mortgage agreements don’t dissolve when the homeowner passes away, and if the decedent’s estate fails to make the mortgage payments the bank has the right to foreclose on the house. Unfortunately, it’s not uncommon to see banks foreclose on a house that’s in probate. Why Would an Estate Default on a Mortgage During Probate? Human error is often the cause…

Read More

How Anti-Lapse Laws and Statutes Work in Arizona

Under Arizona state probate laws, the beneficiaries you name in your will must survive you by at least 120 hours in order to inherit the gift. In other words, Arizona state probate laws consider a beneficiary as predeceasing the will testator if that beneficiary dies within five days of the testator’s death. The question that you might have then, is…

Read More

When is Probate Required in Arizona?

In the state of Arizona, probate is only required if the decedent has any assets that did not transfer automatically upon their death. These assets tend to be titled individually in the decedent’s name and will require a probate court to transfer the title of ownership to the intended beneficiary. Which Assets Are Subject to Probate? The following assets are…

Read More

What Happens If a Will is Not Probated?

Probate can be a costly, time-consuming process, so it’s natural to question if probate is necessary. To understand what happens if a will is not probated, it helps to understand the difference between probate and non-probate assets. Probate Assets Any assets owned solely by the decedent are subject to probate. This includes: Individual bank accounts in the decedent’s name Brokerage…

Read More

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…

Read More

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…

Read More