Estate Against Withholding In Maricopa
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FAQ
For either formal or informal probate, someone must request probate. Informal probate can be requested by certain family members, other heirs, or a personal representative, among others (Title 14-3301). Formal probate is mandated by the Arizona courts if the will does not meet the requirements for informal probate.
The three main types of probate in Arizona are Informal, Formal, and Supervised. Much of the difference depends on the amount of court supervision required to complete the process.
How to Start Probate for an Estate Open the Decedent's Last Will and Testament. Determine Who Will be the Personal Representative. Compile a List of the Estate's Interested Parties. Take an Inventory of the Decedent's Assets. Calculate the Decedent's Liabilities. Determine if Probate is Necessary. Seek a Waiver of Bond.
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).
Probate Shortcuts in Arizona ValueOther Requirements Personal Property < $75,000 No ongoing formal probate Real Estate <$100,000 No personal representative appointed (or active during the last year)
Case initiating documents and subsequent filings for probate case types must be filed in-person, by mail, or via a filing depository box. The ability to eFile probate case documents is currently not available for Maricopa County, but is expected in the near future.
In Arizona, probate is always required for wills and assets that aren't in a trust or included in a transfer-on-death deed. Probate is also required for large estates consisting of personal property valued at over $75,000 and real estate property valued at over $100,000.
Probate procedures can be complex and time-consuming, but there are ways to avoid or bypass this process for certain assets in Arizona. Properties such as those held in a living trust are exempt from probate. Similarly, community property and jointly-held property with a right of survivorship do not require probate.
Filing a Will or Probate Case The Probate Filing Counter is located at 201 W. Jefferson in Phoenix, or at our Southeast location, 222 E. Javelina in Mesa, or at our Northwest Regional Court Center location at 14264 W. Tierra Buena Lane in Surprise, or at our Northeast Regional Court Center at 18380 N.
