{"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":"
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 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 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 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 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 Most court documents require original signatures, so executors that live out of state will require additional time to receive, sign, and return the essential documents by mail. The ability to hold teleconferences and conference calls makes the need for in-person meetings much smaller, but it\u2019s always easier when the executor lives in town and can schedule in-person meetings with the attorney and the court.<\/p>\n Similarly, the location of the estate\u2019s beneficiaries can impact the length of the process. The number of beneficiaries is also a significant factor, as any meeting or hearing is more difficult to schedule when there are an increasing number of attendees with busy schedules.<\/p>\n Discord amongst the beneficiaries is almost certain to lead to formal probate. Whether the upset parties formally contest the will or just drag their feet through the proceedings, the probate process will be drawn out and cumbersome.<\/p>\n There are four ways an interested part can contest a will and successfully invalidate the document:<\/p>\n If proven correct, any of these four contests can result in invalidating the decedent\u2019s will. In such cases, the court will have to treat the estate as if there was never a will, and distribute the assets according to the state\u2019s intestacy laws. As an invalid will negates the appointed executor, the court will also need to appoint a new personal representative. If there is not another suitable choice, or if there is too much discord amongst the interested parties, the court will appoint a third-party special administrator<\/a>.<\/p>\n Single estates worth more than $11.2 million and joint estates worth more than $22.4 million will be subject to estate taxes. In these rare cases (only about 0.1% of Americans qualify for estate taxes), the decedent\u2019s estate can\u2019t be closed until the court receives a closing letter from the IRS and\/or the state taxing authority. Unfortunately, it can take 6 \u2013 8 months to receive the closing letter.<\/p>\n Bank accounts, personal possessions, vehicles, houses, and land are fairly simple to transfer through probate. Business interests and foreign assets may take much longer to sort through.<\/p>\n The easiest solution to the probate headache is to avoid the process as much as possible. In the state of Arizona, estates with less than $75,000 in personal property and less than $100,000 in real property qualify for a small estate exemption. In these cases, the court will just need to provide rubber-stamp approval once the estate\u2019s assets are transferred by the personal representative.<\/p>\n Estates that are too large to use the small estate exemption can transfer assets to a living trust. As long as the trust is created while the grantor is still alive, a trustee will manage and distribute the assets upon the grantor\u2019s death\u2014not the executor or probate court.<\/p>\n There are also a number of assets that are inherently structured to avoid probate. These assets have a contractual beneficiary on the account who will receive the assets automatically when the financial institution receives a copy of the death certificate. They\u2019re aptly referred to as non-probate assets. Such assets include:<\/p>\nWhat is Probate?<\/h4>\n
What is the Probate Process?<\/h4>\n
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Formal vs. Informal Probate<\/h4>\n
Factors That Can Influence the Length of Probate<\/h4>\n
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Where Does the Executor Live?<\/h4>\n
How Many Beneficiaries are in the Will, and Where Do They Live?<\/h4>\n
Do Any of the Beneficiaries Disagree?<\/h4>\n
Are There Any Parties Who are Likely to Contest the Will?<\/h4>\n
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Is the Estate Subject to Estate Taxes?<\/h4>\n
How Complicated Are the Estate\u2019s Assets?<\/h4>\n
Can an Estate Bypass Probate Altogether?<\/h4>\n