What Is Probate in Arizona?
Probate is the legal process of paying creditors and distributing belongings to heirs after someone has passed away. Many learn they must open probate for their family member’s estate after reaching out to probate lawyers in Phoenix, because they’re having trouble collecting their loved one’s assets or because family members are fighting over belongings. AZ probate law requires probate unless all of a decedent’s assets are placed in trust or the decedent has listed beneficiaries fo all their assets. However, Arizona probate code allows for a more straightforward, streamline probate process for smaller estates. An estate can qualify for this process if the total value of the estate’s real property is less than $100,000, and all other non-real property totals less than $75,000.
How Our Phoenix Probate Attorneys Can Help?
Having to deal with the passing of a loved one can be difficult enough. When you must go through probate afterward, the process can be increasingly overwhelming. Our trust administration lawyers can assist with most probate matters.
- Filing documents with probate court
- Inventorying probate and non-probate assets
- Resolving debts from the estate
- Addressing estate tax issues
- Distributing assets
- Trust administration
Is Probate Always Necessary?
It’s not always necessary to go through the formal probate process after someone dies, even if they did not create a will before their death. Probate laws in Arizona say that if someone has less than $100,000 in equity in their real property (house or land), or if the value of their personal property is less than $75,000, then the full probate process is not legally required. For estate administration,Small Estate Affidavits can be used instead to gather the deceased’s assets.