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.
There may be additional hearings to resolve contests, and the executor will probably need court approval before making major decisions and actions. Informal probate is obviously the quickest and can conclude in 4 – 6 months. Formal probate may take up to a year or longer.
If you contest a will, you will be required to prove it invalid. There is a statute of limitations in Arizona. This means that the will must be contested within four years of the testator's death.
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.
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).
If the Estate has been fully administered and it is ready to be closed, file the original Closing Statement ing to the instructions above. Then send a copy of your conformed Closing Statement along with a note requesting that the hearing be canceled to the Commissioner assigned to your case.
Although you aren't required to use a residential real estate attorney when buying, selling, or building a home, the law surrounding the process is complicated and it is often wise to at least consult with a lawyer to make sure you're informed about potential issues and roadblocks.
In Arizona probate can take basically as long as it needs. An executor doesn't really have a timeline. There's a recommended start date, which is 60 days after somebody passes away.