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Informal probate requires that the deceased had a valid will at the time of death that has not been challenged and died less than 2 years before probate is opened. In an informal probate process, a personal representative is appointed by the court to administer the estate with minimal court supervision.
In Arizona, formal probate, unlike informal probate, is the process where the petitioner files a petition requesting that a judicial officer decide an issue or direct that action be taken, usually after notice to all interested parties and a court hearing.
The personal representative of the deceased person's estate can initiate the probate process in court.
The Petition must be filed with the Superior Court in the county where the decedent resided at the time of death. The petition must include the names and addresses of the decedent's heirs and beneficiaries, as well as a list of the decedent's assets and liabilities.
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.
Case initiating documents and subsequent filings for probate case types must be filed in-person, by mail, or via a filing depository box. The ability to eFile probate case documents is currently not available for Maricopa County, but is expected in the near future.
The probate process in Arizona requires the executor to file a petition with the court. The executor will need to provide a copy of the death certificate and any other relevant documents, such as the will or trust document.
In Arizona, the timeline for wrapping up a probate has no strict deadline for executors. Ideally, the recommended start date is around 60 days after the individual's passing and done within a reasonable timeframe.