{"id":243,"date":"2019-03-22T08:40:53","date_gmt":"2019-03-22T15:40:53","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/probate\/?p=243"},"modified":"2022-11-14T16:18:29","modified_gmt":"2022-11-14T23:18:29","slug":"what-happens-at-probate-court-hearing","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/probate\/blog\/what-happens-at-probate-court-hearing\/","title":{"rendered":"What Happens at an Arizona Probate Court Hearing?"},"content":{"rendered":"

Introduction<\/h2>\n

In the state of Arizona, the probate process is based on the Uniform Probate Code (UPC<\/a>), 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<\/a>, formal unsupervised probate, and formal supervised<\/a> probate.<\/p>\n

Informal Probate<\/h4>\n

This is the most common type of probate, and it\u2019s designed to be the easiest. In cases where the decedent left a will and there are no disputes among the estate\u2019s beneficiaries or creditors, informal probate typically skips the initial court hearing. The court will quickly validate the will, appoint a personal representative<\/a> to manage the estate (also known as an executor or administrator), and give the personal representative their instructions.<\/p>\n

From there, the personal representative will be free to handle the probate process without hearings or court supervision.\u00a0 When the estate is settled, the personal representative will close the estate by filing a final accounting and a closing statement with the court, showing that all of the estate\u2019s liabilities are settled and assets have been distributed. Generally speaking, informal probate can wrap up in as little as 5 \u2013 6 months.<\/p>\n

Unsupervised Formal Probate<\/h4>\n

Formal probate is required when the decedent didn\u2019t have a will, and when there are disputes or disagreements from the estate\u2019s interested parties. It\u2019s not uncommon to see probate cases begin with informal probate and switch to formal probate when a problem arises. In such cases, the court would suspend the personal representative\u2019s activities until a hearing is held to assess the problem.<\/p>\n

From the start, the court will hold an initial hearing to validate the will and appoint a personal representative if any of the interested parties file a contest or complaint. At the initial hearing, the contesting party (usually a beneficiary) will have the opportunity to present their case that 1) the will is invalid, or 2) the nominated personal representative is unqualified to serve. If more discovery and hearings are necessary, probate will remain frozen until the issue(s) can be resolved. That said, most initial hearings take less than 15 minutes and are quickly resolved.<\/p>\n

Once the issue has been addressed, the level of ongoing court supervision will vary from case to case. If the initial issue is completely resolved and there are no further concerns, the process will likely include little supervision other than court approval before final distributions are made. If there are ongoing concerns or reasons for additional scrutiny, the personal representative may be required to provide more frequent accountings and reports to the court throughout the process. Cases of unsupervised formal probate will take a little longer than informal probate, often wrapping up in 8 \u2013 12 months.<\/p>\n

Supervised Formal Probate<\/h4>\n

Supervised formal probate is pretty rare, as most will contests and complaints from interested parties can be handled sufficiently through unsupervised formal probate. Supervised formal probate will require additional hearings and court approval of many (if not all) of the personal representative\u2019s major activities. Such cases can easily take a year or longer to conclude.<\/p>\n

What to Expect at a Probate Court Hearing to Contest the Will<\/h4>\n

You can\u2019t just object to a will because you don\u2019t like it. Only interested parties can contest a will, and a successful will contest will need to prove that the will is invalid. Based on Arizona law, a valid will needs to contain the following elements:<\/p>\n