{"id":255,"date":"2019-03-22T08:40:53","date_gmt":"2019-03-22T15:40:53","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/probate\/?p=255"},"modified":"2022-11-14T14:42:33","modified_gmt":"2022-11-14T21:42:33","slug":"how-long-after-death-to-file-probate","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/probate\/blog\/how-long-after-death-to-file-probate\/","title":{"rendered":"How Long Do You Have to File Probate After Death?"},"content":{"rendered":"
Probate<\/a> is the legal process of closing someone\u2019s estate after they pass away. Probate proceedings can vary widely from case to case in terms of their scope and length, but the primary purpose is always the same: settle the decedent\u2019s liabilities and distribute the estate\u2019s assets. In the ideal scenario, the decedent has left a will<\/a> that nominates a personal representative and clearly lists the estate\u2019s beneficiaries. If there isn\u2019t a will, then probate will be dictated by the state\u2019s intestacy<\/a> laws.<\/p>\n The courts try to allow plenty of time for family members to grieve the loss of their loved one before initiating probate. If you\u2019re in possession of the decedent\u2019s will, you\u2019re asked to submit the will to the county probate court in \u201ca reasonable amount of time\u201d following the decedent\u2019s passing. Generally speaking, you should file the will within 30 days of the decedent\u2019s passing, though some states allow up to 120 days to file the will.<\/p>\n There aren\u2019t any penalties for filing the will late, but the court may hold you personally liable for any damages incurred by the estate\u2019s beneficiaries due to the late filing. However, if the court finds that you deliberately withheld the will for personal financial gain, you may face criminal charges.<\/p>\n Note that while you have a legal obligation to file the will in a reasonable amount of time, you\u2019re under no obligation to petition to open probate. Most people choose to submit the will along with a petition for probate, but there\u2019s no requirement to do so. If you\u2019re in possession of the decedent\u2019s will but you want no part of the probate proceedings, then you can fulfill your legal duty by simply filing the will with the court. After that, any interested party to the estate can petition to open probate.<\/p>\n While some states allow up to six years to probate an estate, the state of Arizona will only accept probate cases that are opened within two years of the decedent\u2019s passing (ARS 14-3108<\/a>). That said, there are a few exceptions to the two-year statute of limitations:<\/p>\n According to the Uniform Probate Code (UPC<\/a>), any interested party to the estate can file a petition to open probate. That includes family members, beneficiaries, legal heirs, and even creditors. If the petitioning party doesn\u2019t have a copy of the will, the court will attempt to contact the other interested parties to determine if there is a will and appoint the nominated personal representative. If there isn\u2019t a will, and if the court can\u2019t find a qualified party to serve as the personal representative, then the court may appoint a third-party special administrator<\/a> to probate the estate.<\/p>\n When you\u2019re ready to begin probate, you\u2019ll need to submit the following documents to the probate court in the county where the decedent lived or owned property:<\/p>\n When the petitioner files the appropriate forms with the county court, he or she will be required to pay the filing fee (though it\u2019s important to note that this and other court costs can be expensed to the estate).<\/p>\n The state of Arizona allows small estates to settle the decedent\u2019s liabilities and transfer assets without going through probate. To qualify, the estate must have less than $75,000 in personal property and less than $100,000 in real estate. The individual handling the estate will simply need to fill out and submit a small estate affidavit<\/a>.<\/p>\n It\u2019s a common misconception that all of a decedent\u2019s assets need to be transferred to his or her beneficiaries through probate. In fact, most (if not all) assets can be positioned to transfer to beneficiaries outside of probate, as long as the assets are properly dispositioned before the owner\u2019s passing. The following assets are typically exempt from probate, and can transfer to the designated beneficiaries immediately following the owner\u2019s death:<\/p>\nFiling the Will<\/h4>\n
Opening Probate<\/h4>\n
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Who Can Petition for Probate of a Decedent\u2019s Estate?<\/h4>\n
What to Include in the Petition for Probate<\/h4>\n
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The Small Estate Exception<\/h4>\n
Assets That Are Not Subject to Probate<\/h4>\n