Probate and Estate Planning
The term "probate" refers to a "proving" of the existence of a valid Will, or determining who one's heirs are under the appropriate laws if there is no Will. A proceeding where there is no Will is called an "Intestate" or "Intestacy" proceeding. The probate or intestacy process determines who receives the property and/or assets of the deceased. In Arizona, Probate is overseen by a "personal representative" (Some states use the title "executor" or "executrix" instead).
Probate or intestacy proceedings require filing a number of papers with the court. In many cases, the personal representative must post a bond to protect the assets of the estate. Simply having a Will does not mean you can avoid probate. Even though the Will makes the process simpler - probate is still required in many cases unless title to one's assets has been specifically structured in one of several ways to avoid probate.
Probate is simply passing title or determining "who gets what" when someone passes away. Administration of an estate through probate is generally more expensive and lengthier than administration under a living trust. Probate transfers legal title of property from the estate of the person who has died (the "decedent") to his or her legal beneficiaries. Probate involves identifying and inventorying the deceased person's property, publishing formal notice to creditors, accounting and appraising the property, and then paying taxes and creditors with the deceased's assets. Some property is exempt or can be made exempt from probate.
Probate petitions are filed in the county where the decedent was residing at the time of death. For formal probates, a hearing is required; for informal appointments, no hearing is required unless an interested party requests one and shows good cause. A probate or intestacy proceeding may be supervised, requiring court approval at certain junctures, or unsupervised, which requires minimal court supervision during the administration.
Below are some of the common questions involving probate and estate planning. More often than not, the answer is, "it depends." If you need answers to one of the questions below, or to other Arizona probate questions, please contact us.
FAQ (Frequently Asked Questions)
- What is Probate?
- What happens at death if there is no Will?
- What if the Will is invalid?
- Is a handwritten Will valid in Arizona?
- Is a video or tape recorded Will valid in Arizona?
- How can I keep my Will from being contested in probate?
- How much does probate cost?
- What is the difference between Formal and Informal probate?
- What is the difference between Supervised and Unsupervised probate?
- What is a bond, and do I need to post a bond with the probate court?
- What is a personal representative?
- Can my brother pay himself a fee for being my Mother's personal representative?
- Are there special probate rules for court?
- Are the rules uniform throughout the state?
- What if the bills are higher than the value of the estate?
- How do I collect my deceased spouse's paycheck?
- How do I get my deceased mother's car transferred into my name?
- Am I liable for my deceased father's bills?
- What happens if I don't file a probate?
- Is probate automatically avoided if I have a trust?
For answers to these and other probate questions, please contact us at (928) 649-8777.
