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.
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.
If you're wondering how long probate takes in Arizona, the timeline varies depending on several factors. Simple cases with no disputes or complex assets can take as little as six months, while more complicated cases can extend over a year or more.
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.
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.
Required to present their claims within four months after the date of the first publication of the notice to creditors or the claims will be forever barred. required to present their claims within four months after receipt of the notice to creditors by mail or the claims will be forever barred.
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).
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.
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)