Executor Of Estate Form After Death Without Will In Maricopa
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An informal appointment or probate, or a formal testacy or appointment proceeding, may be commenced after the two-year deadline if no court proceeding concerning the administration or succession has occurred within the two-year period.
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.
You can also avoid probate by using a form of ownership with rights of survivorship when you title or acquire property. There are two (2) forms of ownership with rights of survivorship: 1) Joint Tenants with Right of Survivorship; and 2) Community Property with Rights of Survivorship.
Probate is required in Arizona if the decedent (deceased person) owned any assets that did not have beneficiary designations at the time of death. Probate is also always required for wills because the court must verify that the document is valid.
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)
Some estates will not need to go through probate, while others qualify for simplified probate. Some types of assets automatically pass to an heir without any oversight from the probate court.
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.
If the decedent names a personal representative in their last will and testament, they're referred to as an executor. If the decedent did not have a will, or if the will was invalidated, the court will appoint an administrator to serve as personal representative.
If you decide to serve as personal representative, you need to be officially appointed to the position by the Court of the county in which the decedent resided at the time of death or, in the case of a decedent who lived in another state but owned real property in Arizona, in the county in which that real property is ...
As long as there aren't any contests to the will or objections to the executor's actions, the executor will be allowed to settle the estate at the conclusion of the four-month waiting period. That means an executor who is on top of their responsibilities could theoretically wrap up probate in as little as four months.
