In the state of Arizona, most probate cases are considered \u201cinformal<\/a>.\u201d With informal probate, the estate\u2019s personal representative<\/a> (also known as the executor) is authorized to probate the estate without court supervision. As long as nobody contests the will or objects to the personal representative\u2019s actions, the court\u2019s only involvement will be to open probate and close the estate when probate is finished.<\/p>\n Informal probate is significantly easier and faster than supervised probate, but it can still be an overwhelming task for the personal representative. For many people, getting started is the hardest part. To make the process a little easier for you, here is a step-by-step guide on how to start probate for an estate in Arizona.<\/p>\n Once the family has had sufficient time to grieve and mourn their loss, the party in possession of the decedent\u2019s will should gather the family and read the will. It\u2019s always a good idea to open the will with an attorney present. Be sure to keep the original document safe and don\u2019t lose track of it, as the probate court will only accept an original will.<\/p>\n The personal representative (or executor) is the individual who will be tasked with managing the decedent\u2019s estate throughout probate. The decedent\u2019s will should nominate a personal representative and a successor executor who can serve as a backup.<\/p>\n If the will doesn\u2019t name a personal representative, or if the decedent didn\u2019t leave a will, then the family will need to come to a consensus on who is best suited for the position. Arizona law gives priority to the decedent\u2019s spouse, adult children, parents, and siblings, but any qualified candidate can serve as a personal representative.<\/p>\n It\u2019s important for the family to be in agreement on the personal representative, as a contested appointment may require supervised probate and could result in the court appointing a third-party special administrator<\/a>. Once the family is in agreement, ask anyone who has a legal right to be a personal representative (notably spouses and adult children) to sign a waiver of appointment, and then deliver a signed copy of the waiver to all of the estate\u2019s interested parties.<\/p>\n According to Arizona law, the interested parties to an estate includes any beneficiary, spouse, child, devisee, heir, trustee, creditor, person holding a power of appointment, and person with a property right or claim. Interested parties may also include any individuals who have priority for appointment as personal representative, and other fiduciaries representing interested parties. For each interested party, list their full legal name, date of birth, address, and phone number.<\/p>\n For liquid assets like bank and brokerage accounts, find the most recent account statements. For illiquid assets like real estate, vehicles, and valuable personal possessions (art, collectibles, jewelry), you\u2019ll just need an approximate value for now. Do your best to determine the fair market value based on the price of comparable real estate, vehicles, and individual items.<\/p>\n You should already have a list of the decedent\u2019s known creditors from the list of interested parties that you completed earlier. Track down recent account statements and bills to calculate the value of the estate\u2019s liabilities.<\/p>\n Assets that have a designated beneficiary listed on the account can transfer to the beneficiary automatically upon the owner\u2019s death, without going through probate. Prime examples of non-probate assets include accounts with a transfer-on-death or payable-on-death beneficiary, life insurance policies, retirement accounts, trusts, and real estate owned in joint tenancy.<\/p>\n To initiate the transfer for these assets, all you need to do is submit a copy of the owner\u2019s death certificate to the financial institution holding the assets. If the decedent\u2019s entire estate is comprised of non-probate assets, you might be able to skip probate altogether.<\/p>\n The state of Arizona also has a small estate exception that allows smaller estates to transfer individually-owned property without going through informal probate. In order to qualify, the decedent\u2019s estate needs to have less than $100,000 in real estate, and less than $75,000 in personal property. If the decedent\u2019s estate qualifies, all you have to do is fill out a small estate affidavit<\/a>.<\/p>\n As long as all of the estate\u2019s interested parties are okay with the personal representative handling the estate without a bond, the interested parties can sign a waiver of bond for the personal representative. When the waiver is signed, send copies to all of the interested parties. If any of the interested parties refuse to sign a waiver of bond, you\u2019ll need to obtain a bond before you can petition to open probate. The value of the bond will be dependent on the value of the estate\u2019s assets.<\/p>\n The Arizona Supreme Court requires personal representatives who are not licensed fiduciaries to complete a court-approved training course. You\u2019ll need to complete the training and receive a certificate of completion before you submit the petition to open probate.<\/p>\n It may seem backwards to complete this step before you actually petition to open probate, but it\u2019s important to notify all of the interested parties that you are applying to be the personal representative, and that the probate process is ready to begin.<\/p>\n You\u2019ll need to deliver a copy of the notice of application to all of the known interested parties (either by mail or in person), and you\u2019ll need to publish a post in the local newspaper to alert any unknown creditors of your application. You\u2019ll ultimately need to publish three posts in the local newspaper (one a week for three weeks), but you only need to publish the first post before you apply for probate.<\/p>\n When you\u2019re ready to petition for informal probate, you\u2019ll need to submit the following documents to the county probate court:<\/p>\n As you can see,\u00a0AZ probate laws<\/a>\u00a0can be complex. It requires a number of steps and without the right approach, it\u2019s easy to get lost in the details.<\/p>\n1. Open the Decedent\u2019s Last Will and Testament<\/h4>\n
2. Determine Who Will be the Personal Representative<\/h4>\n
3. Compile a List of the Estate\u2019s Interested Parties<\/h4>\n
4. Take an Inventory of the Decedent\u2019s Assets<\/h4>\n
5. Calculate the Decedent\u2019s Liabilities<\/h4>\n
6. Determine if Probate is Necessary<\/h4>\n
7. Seek a Waiver of Bond<\/h4>\n
8. Complete Required Training<\/h4>\n
9. Serve Notice of Application to Interested Parties<\/h4>\n
10. Apply to be the Personal Representative<\/h4>\n
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Do You Need Help with Probate Matters?<\/h4>\n