If you are an interested party (beneficiary<\/a>) to an estate, you should receive a notice<\/a> when probate is opened for the estate. The initial notice usually includes a waiver of notice of probate of a will<\/a>, along with copies of the will and other relevant documents. If you have not received a notice, it either means that probate hasn\u2019t been opened yet, or it could indicate that the court doesn\u2019t view you as an interested party.<\/p>\n Probate proceedings are required to take place in the county where the decedent resided at the time of death. If the decedent owned any property in another state there may be a separate probate case in that state to address the foreign property, but the primary probate case will always be in the home state and county.<\/p>\n To find out if an estate is in probate, you can check with the county probate court. Probate proceedings are public, so there aren\u2019t any privacy laws that would prevent you from contacting the court for information.<\/p>\n The executor is required to provide notice to all interested parties by mail or via a process server. If probate was recently opened, your notice may still be in transit. If it\u2019s been a reasonable amount of time and you still haven\u2019t received notice, you should request the executor\u2019s name and contact information and reach out to him or her directly. It could be a simple mistake, such as sending your notice to the wrong address or having the wrong contact information on file.<\/p>\n If the executor says you are not listed as an interested party in the will, you should contact a probate attorney immediately. If you are indeed an interested party, you have the right to contest an invalid will, object to the actions of the executor, and request an initial hearing.<\/p>\n If the decedent had a last will and testament, the party in possession of the document needs to submit the will to the county probate court. In most cases the will is left with the nominated executor (e.g. the estate\u2019s personal representative<\/a>), so the executor will file the will and petition to open probate for the estate. Most states require the will be filed within 30 \u2013 90 days of the decedent\u2019s passing, but the estate has up to two years to open probate.<\/p>\n If the executor has failed in their duty to submit the will or petition to open probate, interested parties have the right to open probate on their own. It\u2019s best if the petitioning party has a copy of the will attached to the petition, but once probate is opened a judge can subpoena the will if necessary.<\/p>\n If the decedent died without a will they died \u201cintestate<\/a>,\u201d and their estate will be distributed according to the state\u2019s intestate succession laws. In that case, any interested party can petition to open probate and request to be appointed as the estate\u2019s administrator.<\/p>\n In Arizona, probate proceedings are guided by the Uniform Probate Code (UPC<\/a>), a set of rules and guidelines adopted by 18 states to standardize probate proceedings in the United States.<\/p>\n The length and complexity of probate proceedings will vary from case to case, but the process is roughly the same:<\/p>\n If there aren\u2019t any disputes, contests to the will, or objections to the actions of the executor, the probate process is considered informal and won\u2019t require much court supervision. In Arizona, informal probate<\/a> cases can wrap up in as little as 5 \u2013 6 months (though 6 \u2013 8 months is more common). However, if there are disputes, contests, or objections, the estate will have to go through formal probate and will be subject to more court supervision. Formal probate cases can take up to a year or longer.<\/p>\n There are a few requirements that need to be met for a will to be considered valid:<\/p>\n When a will is invalidated, a probate judge will have to determine if the entire document is compromised, or if there are certain provisions that can still stand. If there is a previous version of the will that is considered valid, the judge may reference part or all of that document. Absent a previous valid will, the state\u2019s intestacy laws will govern the distribution of the estate\u2019s assets that are affected by the invalidated portions of the will.<\/p>\n A proper will should nominate someone to serve as their estate\u2019s personal representative or executor. The executor is usually the one who submits the will and petitions to open probate. Once appointed by the court, the executor will have full legal authority to act on behalf of the estate.<\/p>\n If you are concerned that the executor is remiss in their responsibilities or has acted illegally (fraud, manipulation, theft, etc.), you have the right to file a complaint with the court. The court will suspend probate and demand an accounting from the executor. If your complaint is validated, the court can dismiss the executor and appoint an administrator to take their place.<\/p>\n Before the executor can start paying the decedent\u2019s bills and distributing their assets, they\u2019ll need to take an inventory of the estate and determine the fair market value of the assets. Liquid assets like bank accounts and brokerage accounts are easy to value with the most recent account statements, but real property and personal property (art, jewelry, etc.) will need to be professionally appraised.<\/p>\n Using the estate\u2019s assets (ideally the ones that haven\u2019t been bequeathed in the will), the executor will need to pay the decedent\u2019s outstanding debt, taxes, probate administration fees, funeral costs, and other bills. This is usually the part of probate that takes the longest, as the state of Arizona requires creditors be given at least four months after the initial notice of probate to submit claims to the estate.<\/p>\n When it\u2019s time to distribute the assets and close the estate, the executor will submit an accounting and report of their activities to the court. Once approved, the executor will be free to transfer the assets to the intended beneficiaries. While there are not time restrictions here, you should receive your inheritance fairly quickly once the estate is closed.<\/p>\n If you discover that probate is over and the estate has been closed, you have up to one year to petition to reopen probate. If you have any objections to the actions of the executor, you have up to six months to file a complaint with the court. That said, it\u2019s extremely difficult to reclaim assets that have been legally distributed from a closed estate.<\/p>\nContact the County Probate Court<\/h4>\n
What to Do if Probate is Open and You Haven\u2019t Received Notice<\/h4>\n
What to Do if Probate is Not Open<\/h4>\n
What to Expect in the Probate Process<\/h4>\n
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Validating the Will<\/h4>\n
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Appointing an Executor<\/h4>\n
Gathering the Estate\u2019s Assets<\/h4>\n
Settling the Decedent\u2019s Liabilities<\/h4>\n
Distributing the Remaining Assets<\/h4>\n
What Actions Can You Take After Probate is Closed?<\/h4>\n