Most Common Questions About Probate in Arizona

What is probate?

Probate is a court proceeding for settling a decedent’s estate. The process includes determining if there are creditors that need to be settled, marshaling assets, and ultimately distributing the net remaining assets to heirs.

Do all estates have to go through probate?

No. In Arizona there are statutes that allow assets to be collected from small estates without probate. Also, there are estate planning strategies that estate planning attorneys use for avoiding probate, i.e. trusts and beneficiary designations.

I have a Last Will and Testament, will my estate avoid probate?

Probably not. One of the purposes of probate is to “prove” that the Last Will and Testament is valid. The value of making a Last Will and Testament is to make sure that the person you want to be in charge gets appointed and that your wishes are followed as to who gets what.

I have a Revocable Trust, will my estate avoid probate?

Not necessarily. While a Revocable Trust is an excellent tool for avoiding probate, it only successfully does so if it has been properly funded. If you die with any assets still titled in your name without a beneficiary designation, probate may be the only way to transfer those assets to your preferred beneficiaries.

How long does probate take?

This is almost always the first question my clients ask. I like to give two answers, depending on what they are really trying to find out. If they are trying to determine how long it will take to be totally done with the court proceedings, meaning all creditors have been paid and all assets have been marshaled, sold, and/or distributed, then the answer is usually around 6 months to a year, depending on various factors, i.e. complicated assets, disputes with creditors, squabbling heirs, etc.

On the other hand, sometimes when a client asks this question what they really want to know is how long before they have the authority needed to sell the decedent’s house or collect a bank account. In that case, the answer is actually quite fast, sometimes just a matter of days, often no more than a few weeks.

Do I have to go to a court hearing?

In Arizona, most probate proceedings can be done with no court appearances. That is because the Arizona Probate Code establishes a system of two types of probate proceedings: informal and formal. Informal probate is available in most cases if there are no complications with the decedent’s Last Will and Testament and there are no issues being contested by any interested parties. If there are any such issues, the probate must be commenced formally, which requires an initial hearing before which all interested parties are given notice, so they have an opportunity to contest the petition.

How much does probate cost?

Obviously, legal fees vary from law firm to law firm, but in simple informal probates the work can usually be handled by a good paralegal supervised by a lawyer, which helps keep costs down. In a case like that you can expect legal fees to be anywhere from as low as $5,000 to as much as $7,000. In addition to legal fees, there are other legal expenses such as the court filing fees and publishing fees for statutory notices that are required, and in most cases these costs are around $500.

It is important to keep in mind that most law firms will charge hourly rates for handling issues that might be more complicated, so the legal cost of a probate proceeding can be much higher in certain cases.

Also, the old adage of “you get what you pay for” particularly applies to legal fees for probate. An experienced probate attorney is usually well worth the cost.