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If the total value of the assets solely in the deceased person's name, other than real property, exceeds $75,000, that will require probate. If the value of any real property located in Arizona solely in the deceased person's name, less liens and encumbrances, exceeds $100,000, that will require probate.
Probate is required in Arizona if the decedent (deceased person) owned any assets that did not have beneficiary designations at the time of death. Probate is also always required for wills because the court must verify that the document is valid.
Probate in Arizona is a complex process and can be difficult to navigate without the proper knowledge. It is important to understand all of your options and the obligations associated with being an executor before taking on such a responsibility.
Assets that are subject to probate include: Individually-owned bank and brokerage accounts. Real estate owned individually or as tenants in common. Personal property (vehicles, art, jewelry, collectibles, other valuable possessions)
In Arizona, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
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.
Probate procedures can be complex and time-consuming, but there are ways to avoid or bypass this process for certain assets in Arizona. Properties such as those held in a living trust are exempt from probate. Similarly, community property and jointly-held property with a right of survivorship do not require probate.