How Many Types of Probate Does Arizona Have?

Arizona has three primary types of probate: informal, formal, and supervised. The form of probate each family goes through depends on how much court supervision is necessary and whether there are disputes over the estate, such as will contests. An experienced probate lawyer can advise on the most efficient and cost-effective way to settle probate issues with as little stress as possible.

What is Probate?

Probate is the legal process of settling a deceased person’s affairs. Probate may entail verifying the person’s will and dividing their assets and debts according to its terms. For those who die without a will, the probate process involves dividing assets according to Arizona intestate succession laws (see Sections 14-2102 and 14-2103 of the Arizona Revised Statutes).

Probate is guided by the deceased’s personal representative (executor) and overseen by a judge. If the deceased had no will or the personal representative cannot serve for any reason, the judge may appoint someone to serve in that capacity.

Types of Probate in Arizona

Knowing the three types of probate in Arizona can help you understand what to expect in this difficult time.

Informal probate

Informal probate applies to most estates and is typically conducted privately with minimal court intervention. It is generally appropriate when the original will is not contested and there are no disputes among heirs.

Formal probate 

If any of the requirements for informal probate are not satisfied, a judge or commissioner will need to step in and resolve the dispute(s) in question. Formal probate may arise because there are questions regarding the will’s validity, the choice of personal representative, the identity of heirs, or when estate assets require supervision.

Supervised probate

As the name implies, supervised probate requires direct oversight from the courts. In supervised probate, the court manages the opening of the estate, the appointment of personal representatives as necessary, the suitability of attorneys representing interested parties, and more.

Common Probate Challenges in Arizona

Probate becomes a more contentious and drawn-out process when disagreements arise among surviving family members and heirs. Common probate challenges in Arizona include:

• Disputes over the value of the estate
• Disagreements over the named heirs
• Assertions that the will is invalid, perhaps due to undue influence or incapacity
• Allegations that the personal representative is not fulfilling their fiduciary duty

How Can I Avoid Probate?

There may be several ways to avoid probate in Arizona. First, consider the size of the estate. Under Arizona law, small estates do not have to go through probate if they are valued at less than $75,000 in personal property and $100,000 in real estate after subtracting the value of any liens or encumbrances.

Individuals with larger estates can bypass probate by establishing trusts, titling property with rights of survivorship, or making accounts payable or transferrable upon death. These estate planning tools can alleviate stress and save money.

Talk to an Experienced Probate Lawyer in Arizona Today

If you need help probating an estate in Arizona or wish to explore ways to avoid probate, contact Brown & Hobkirk, PLLC today. A knowledgeable probate attorney can review your situation, advise you on your options, and support you during this complex process. Contact us today for a free consultation.