Even if there's a will in place, families may still end up fighting over an estate after a loved one passes. While most people think that the only way to settle estate battles is to go to probate court, there are ways to quash an estate battle without resorting to probate.
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.
Beneficiaries or Heirs: If there are concerns about the executor's actions or disputes over asset distribution, heirs or beneficiaries may hire a probate attorney to represent their interests. Creditors: In some cases, creditors may hire probate attorneys to ensure their claims are honored.
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.
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.
Going through the probate process if someone dies without a will in Arizona can be a difficult, time-consuming, and expensive process.
In general, probate will last a minimum of four months and may take longer depending on the type of probate. Arizona recognizes these three types, which are based on whether and to what extent there are disputed claims against the estate: Informal probate is the most common and straightforward type.
Two years after the decedent's death plus the time remaining in the period commenced by an actual or published notice pursuant to section 14-3801, subsection A or B. 2.
Will disputes. The will is dated and does not reflect the decedent's wishes; Circumstances have changed since the will was made (i.e. a remarriage or the birth of a child); The decedent expressed different wishes verbally prior to death; The decedent leaves property to someone other than their spouse;
Key types of evidence that can support claims of inheritance theft include: Bank statements; Investment and account statements; Copies of the will and any codicils; Probate application documents; Communications between the executor or administrator and beneficiaries;