Suing An Estate Executor Without A Will In Phoenix
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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.
Each situation is different and some estates may be more complex than others, such as estates where real estate and other assets were bought or sold before distribution to the beneficiaries. However, the average trust should be fully distributed within 12 to 18 months once the trust administration has begun.
However, if there is no will or the will is contested by potential heirs or creditors, the process can become lengthy due to court hearings and legal challenges. On average, probate in Arizona takes between six months to a year for an uncontested estate.
When someone dies, their beneficiaries have up to two years to open probate. Once probate is opened, there aren't any time limits that will cause the case to expire.
Personal representatives (i.e., executors and administrators of the estate) are required to provide beneficiaries and other interested parties (i.e., persons or entities with a financial stake in the estate) with financial information about the estate they are overseeing.
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.
The children of the person who has died inherit the whole estate. This applies however much the estate is worth. If there are 2 or more children, the estate will be divided equally between them.
If someone dies without a will, their estate assets will pass by intestate succession. Intestate succession means that any part of the estate not covered by the decedent's will goes to the decedent's spouse and/or other heirs under Arizona law. (The decedent is the person who died.)
If you die with no surviving spouse or descendants, your parents will inherit all of your estate. If you die with no surviving spouse, descendants or parents, your siblings will inherit all of your estate.
