Letter Settlement Estate Sample With Land In Maricopa
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In Arizona, testamentary capacity has three elements: the ability to understand (1) the extent of their assets, (2) the natural beneficiaries of their estate, and (3) the implications of their decisions on the distribution of their property upon death.
While Arizona law does not mandate hiring a probate attorney, the assistance they provide can be highly beneficial. Probate can be time-consuming, detail-oriented, and occasionally contentious.
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).
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.
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)
Requesting Letters of Testamentary The person acting as the executor of the estate must petition the court to request the letter of testamentary. After they file the necessary documents, the probate court checks them to ensure compliance and authenticate the will.
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.
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.
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.
However, there is a bright line limit in the amount of time when an estate should be closed and some form of Probate can proceed. In Arizona, a Probate case must be commenced within two years after a decedent's death.
