If you’re facing the loss of a loved one, or planning your own estate, you may have questions about probate in Arizona. The probate process can seem overwhelming, but with the right guidance and knowledge from experienced attorneys at Fowler St. Clair, you can navigate it with confidence.
Here are some of the most common questions we hear at Fowler St. Clair from individuals and families across Arizona.
Q: Where does a probate proceeding take place in Arizona?
A: Probate proceedings take place in the Superior Court of the county where the deceased person (also called the Decedent) lived at the time of death.
For example, if your loved one lived in Phoenix, the probate case would typically be filed in the Maricopa County Superior Court. If they resided in Tucson, then the case would go to Pima County Superior Court.
The Arizona judicial system handles probate matters at the county level, and each county may have slightly different filing procedures and local rules, although the overarching laws come from the Arizona Revised Statutes (Title 14).
Q: When does a probate proceeding happen?
A: A probate proceeding begins after someone dies and their estate needs to be legally administered. It’s not always required, but it typically becomes necessary when:
- The decedent owned assets solely in their name.
- There is no valid trust or other legal arrangement to transfer those assets; or
- The total value of assets exceeds the small estate threshold in Arizona.
There is no strict deadline to file—though waiting more than two years can complicate things.
Q: Why would I need to open a probate proceeding?
A: Probate is often required to ensure that the Decedent’s debts are paid, and their remaining property is legally transferred to heirs or beneficiaries. This does not happen automatically, even if a Will specifically leaves the assets to you.
Some reasons why probate may be necessary include:
- The decedent did not leave a will, and the estate must be distributed under Arizona intestacy laws;
- The decedent left a will that needs to be validated and executed through the court;
- Certain assets (like a house, car, or bank account) are only in the decedent’s name, and you need authority from the Court to distribute these assets; or
- There are disputes among heirs or beneficiaries that require court supervision.
Probate grants authority to a Personal Representative, so that person(s) can act on behalf of the Decedent to administer the Estate assets.
Q: Who is involved in a probate proceeding, and who decides to open one?
A: A probate case typically involves the following people/entities:
- Personal Representative (also called an Executor): This person manages the estate. Arizona Law dictates the order of priority for who can be appointed;
- Devisee: People or entities named in a will to receive assets;
- Heirs: Individuals legally entitled to inherit when there is no will;
- Creditors: Those owed money by the decedent; and
- The Probate Court: Oversees the probate process in varying degrees, depending on the complexities of the probate.
A probate case is usually initiated by the person who wants to be appointed as the personal representative. This could be a family member, a friend, or even a legal or financial professional. That person files the necessary forms and petitions with the probate court to open the case.
Q: What are the alternatives to probate in Arizona?
A: Not every estate needs to go through full probate. Arizona offers several alternatives, especially for smaller or well-planned estates:
1. Transfer-on-Death (TOD) and Payable-on-Death (POD) Designations
Bank accounts, investment accounts, and vehicles can be passed directly to a named beneficiary.
2. Beneficiary Deeds
These allow you to transfer real estate directly to a beneficiary without going through probate, but they must be recorded before the death of the owner of the Property.
3. Revocable Living Trust
Assets placed in a trust are not subject to probate. The trustee handles distribution privately, outside of court.
These alternatives require pre-planning, but they can save your family time, money, and stress.
Q: How long will probate take in Arizona?
A: The length of a probate case in Arizona depends on the complexity of the estate and whether or not it is contested.
Here’s a general breakdown:
- Small Estates: 1 month
- Informal probate (uncontested): 6 to 8 months
- Contested or complex estates (probate litigation): 1 to 2 years or longer
Factors that can affect the timeline include:
- Disputes over the will, heirship, or appointment of a personal representative;
- Locating and valuing assets;
- Resolving debts and taxes;
- Court scheduling and document processing times.
If you’re trying to estimate how long your specific case may take, a probate attorney at Fowler St. Clair can help assess the likely timeframe.
Q: Can I arrange to avoid a probate proceeding for my own estate?
A: Yes! With careful estate planning, you can avoid probate for most—if not all—of your assets.
Here are steps you can take now to keep your estate out of probate later:
- Create a Revocable Living Trust
- Transfer your assets into the trust during your lifetime.
- Name a successor trustee to manage and distribute assets without court involvement.
- Use Beneficiary Designations
- Assign beneficiaries for retirement accounts, bank accounts, and insurance policies.
- Title Property Properly
- Use joint tenancy with right of survivorship or community property with right of survivorship where appropriate.
- Execute and record a Beneficiary Deed
- This tool transfers real estate to a named beneficiary upon death—without probate.
- Keep Records Updated
- Review and update your estate documents regularly to reflect changes in your wishes, family, or assets.
Avoiding probate isn’t just about convenience—it’s also about privacy, cost savings, efficiency and reducing stress for your loved ones.
Final Thoughts
Probate is a necessary legal process in some cases, but it doesn’t have to be confusing or burdensome. Whether you’re handling a loved one’s estate or planning for your own future, understanding your options under Arizona law is the first step.
At Fowler St. Clair, we help clients across Arizona navigate probate, create estate plans, and explore alternatives that work best for their families. If you have questions about a specific situation or want to start planning now, we’re here to help.