{"id":252,"date":"2019-03-22T08:40:53","date_gmt":"2019-03-22T15:40:53","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/probate\/?p=252"},"modified":"2022-11-14T16:02:17","modified_gmt":"2022-11-14T23:02:17","slug":"how-long-does-probate-process-take","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/probate\/blog\/how-long-does-probate-process-take\/","title":{"rendered":"How Long Does the Probate Process Take?"},"content":{"rendered":"

Introduction<\/h2>\n

In the state of Arizona, probate proceedings are governed by ARS Title 14 \u2013 Trusts, Estates, and Protective Proceedings<\/a>.<\/p>\n

If there\u2019s one question that every probate attorney can count on answering in an initial client consultation, this is it. Unfortunately, it\u2019s impossible to answer definitively. The length of time between when the decedent\u2019s will is opened and when the estate is finally closed will depend on a number of factors that are outside of the attorney\u2019s control (we\u2019ll discuss these factors later).<\/p>\n

Generally speaking, most probate cases should take less than a year. In ideal conditions, the process can wrap up in as little as 4 \u2013 6 months. However, it\u2019s not uncommon to see probate cases take several years to conclude when there are large, complex estates with multiple unhappy interested parties.<\/p>\n

Before we dive into the factors that can influence the length of probate proceedings, it helps to understand what probate is, and what to expect in the process.<\/p>\n

What is Probate?<\/h4>\n

Probate is the legal process of settling a decedent\u2019s estate. If the decedent had a will<\/a>, their assets will be transferred according to the instructions in the will. If they died without a will, their assets will be transferred according to the state\u2019s intestacy<\/a> laws.<\/p>\n

What is the Probate Process?<\/h4>\n

The process begins when an interested party submits the decedent\u2019s will to the county court, along with a petition to open probate. A probate judge will validate the will, and appoint an executor (also known as a personal representative<\/a>) to handle the estate\u2019s affairs. The executor will have 4 important responsibilities:<\/p>\n

    \n
  1. Notify all interested parties (beneficiaries, creditors, family, etc.) that probate has begun, both by service and by posting an ad in the local newspaper<\/li>\n
  2. Gather and take inventory of the estate\u2019s assets<\/li>\n
  3. Settle the decedent\u2019s debts, bills, and final taxes<\/li>\n
  4. Distribute the remaining assets to the beneficiaries<\/li>\n<\/ol>\n

    Formal vs. Informal Probate<\/h4>\n

    While the four-step process for the executor is universal, the scope of the probate court\u2019s supervision over the process will vary. If there are no objections to the will or the estate\u2019s distribution, the proceedings will be informal<\/a> and will require little to no court supervision.<\/p>\n

    In such cases, the executor is free to accomplish their tasks on their own with final approval by the court when everything is concluded. If there are objections to the will, however, the court will transition to formal probate, which can take much longer. There may be additional hearings to resolve contests, and the executor will probably need court approval before making major decisions and actions.<\/p>\n

    Informal probate is obviously the quickest and can conclude in 4 \u2013 6 months. Formal probate may take up to a year or longer.<\/p>\n

    Factors That Can Influence the Length of Probate<\/h4>\n

    Outside of formal vs. informal probate, there are a few factors that tend to lengthen the probate process. A few of these will actually require formal probate. These include:<\/p>\n