Probate / Estate Administration
Property passing by Will or intestate succession, that is, pursuant to Arizona law if one is without a Will, will be subject to probate if, on the date of death, the decedent, or person who has died, had personal property, less liens and encumbrances, or equity in real property valued at more than $50,000 which is not otherwise automatically conveyed. Probate is the court process through which a Personal Representative is appointed to administer the estate and ultimately transfer the decedent's assets to his or her heirs or beneficiaries.
The Personal Representative nominated in a Will generally is appointed or, if no Will, the individual or entity having priority under the law. In general, a probate must be initiated within two (2) years of the decedent's date of death and, at a minimum, must remain open for four (4) months after the date of the first publication to creditors, during which time all unknown creditors must present their claims against the estate to the Personal Representative.
Probate can be accomplished informally, that is, be initiated by application and conducted by the court registrar, rather than a judge, and without prior notice to interested person(s), or formally, that is, initiated by petition and conducted by a judge with notice to interested person(s) as defined by statutes. A formal probate is required if there is a question concerning the validity of a Will or an informal probate has not been initiated within two (2) years of the decedent's date of death.
For smaller estates, both personal and real property can be transferred directly to the heirs or beneficiaries of a decedent's estate by affidavit, no sooner than thirty (30) days after date of death in the case of personal property or six (6) months after date of death in the case of real property, without the need for probate or the appointment of a Personal Representative.