Understanding the Arizona Probate Timeline

Steps in the Probate Timeline in Arizona

In Arizona, as in other states, probate can be a complex and confusing process for families. Whether you’ve discussed estate plans in-depth or not, the need for probate can take loved ones by surprise. Understanding the big picture and timeline associated with the process can help.

Filing the Probate Petition

Many people might think that probate somehow launches automatically when a loved one passes away. However, you have to initiate the process by filing a probate petition. The petition is a legal document you file with the court.

Typically, the petition is filed by a party interested in the estate. A family member can file the petition; if the deceased had a will that names an executor or personal representative, that individual usually files the petition. You can also work with an attorney to help you initiate the probate process.

Appointing Personal Representatives, Guardians, or Conservators

In some cases, you may need to file forms to name or have the court name certain people who will be responsible for various tasks related to the estate. For example, you file a Probate Information Form to have a personal representative named who can handle the administrative functions of the estate. Other forms are used to have guardians or conservators named if required before or during probate.

Sending Notifications

The personal representative must complete various tasks to move the probate timeline forward. That includes sending proper notifications. Any potential heirs to the estate must receive a notification. In addition to sending notifications directly to known heirs, a personal representative may need to post a notice in a public forum—usually a newspaper—for a period of time to increase the chance that unknown heirs can be notified.

Creditors and potential creditors must also be notified about the probate action. They may have up to six months to make a claim against the estate for debts the deceased owed.

Managing the Probate Process

The personal representative continues to manage the estate and probate process. They may do so with help from others, including professionals such as lawyers or accountants.

Some of the work done by the personal representative throughout the probate timeline includes:

• Completing an estate inventory. The personal representative must create a list of all assets related to the estate. This inventory may require collecting a month or two of mail to review accounts and reading through any estate planning documents created by the deceased.
• Ensuring accurate appraisals. Once all assets are inventoried, values must be determined. The value of cash and cash-like assets, such as bank or investment accounts, are apparent. However, assets such as fine jewelry and art, vehicles or boats, and real estate may need to be professionally appraised.
• Paying estate debts. Debts must be settled before the remaining assets can be distributed and the probate closed. The personal representative must make an inventory of debts and use estate assets to pay off debts. They may pay debts from cash reserves or facilitate the sale of property to cover debts.
• Filing and paying estate taxes. The personal representative must also file any necessary income tax returns or other tax documents and pay tax debts.

The process of inventorying and valuing assets and paying debts can take several months. In especially complex cases, it may take a year or more.

Probate Disputes

Some probate cases involve disputes. Someone may disagree with how the personal representative is handling the estate or arguments about who is a legitimate heir might arise. Someone might question the validity of the will, or there may be more than one will to consider.

Any type of probate dispute slows the probate timeline, as the court must hear arguments in these matters and issue decisions. Probate litigation can stretch the entire timeline from an average of months to several years or more.

Closing the Probate

At the end of the probate timeline, the personal representative typically provides an accounting of the estate. This formal report is filed with the court and includes a detailed inventory, an explanation of how assets were used to settle debts, and details regarding how remaining assets are distributed to heirs.

If everything appears in order and no related litigation is pending, the court formally closes the probate and the process is completed.

Get Help With Estate Planning or Probate

The complexity of the estate, whether disputes arise, and the efficiency of the personal representative all play a role in how long the probate timeline takes.

Planning ahead with tools such as trusts and beneficiary designations on payable-on-death accounts can help ensure that loved ones have access to necessary assets while probate processes are pending.

Whether you’re planning ahead to protect your loved ones in the future or dealing with probate after the loss of a family member, you don’t have to handle all these matters alone. Working with an experienced legal team can reduce the stress and burden you feel and help ensure an efficient process.

For help with estate planning or probate matters, contact AVID Esq. Group LLC by calling 480-467-5636.