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Ing to Arizona law, probate proceedings must be kept open for at least 4 months to allow any creditors to make their claims. Informal probates typically last between 6-8 months, depending on how quickly the Personal Representative completes their required duties.
That is accomplished by filing with the local Probate Court a pleading called an Application for Informal Probate of Will and Appointment of Personal Representative. Alternatively, in the case of an intestate decedent, the pleading is called an Application for Informal Appointment of Personal Representative.
Once signed and notarized, the affidavits must be filed with the probate court in the county where the property is physically located. A certified copy of the death certificate and a copy of the will, if any, must be attached to each affidavit, along with title documents for real estate and other large assets.
Opening Probate While some states allow up to six years to probate an estate, the state of Arizona will only accept probate cases that are opened within two years of the decedent's passing (ARS 14-3108).
Individually-titled assets will remain frozen in the decedent's name. The estate's assets are subject to losses. Another interested party may petition to open probate. The decedent's creditors may take action.
Opening Probate While some states allow up to six years to probate an estate, the state of Arizona will only accept probate cases that are opened within two years of the decedent's passing (ARS 14-3108).
That being said, it is never a good idea to delay the inevitable. California Probate Code section 8001 specifies that the executor has 30 days after the decedent's date of death and after learning they are the nominated executor to petition the court for administration of the estate.
You will need to provide documentation to prove both that the account holder died and you have the legal authority (as a designated beneficiary, joint account holder or executor/administrator) to access the account.
Is It Possible for Probate Assets to Bypass Probate Court? The state of Arizona allows small estates to transfer probate assets outside of probate court under the following conditions: The decedent's personal property is less than $75,000. The decadent's real property is less than $100,000.