Claim Against Estate After Distribution Without Probate In Phoenix
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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.
In Arizona, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (similar to a will), naming someone to take over as trustee after your death (called a "successor trustee").
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.
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.
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 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)
Assuming probate is necessary, there can be a number of consequences for not petitioning to open probate: 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.
