How Many Types of Probate Does Arizona Have?

Probate is a court-supervised statutory process that many Arizona estates must complete after a resident of the state passes away. There are several different types of probate in Arizona. Which one applies depends on the nature and circumstances of an estate. Getting assistance from an Arizona probate lawyer is always the best approach to determine the appropriate process for a specific estate.

What Is Probate?

The probate process is a complex, detailed procedure established by Arizona state laws. The laws determine when an estate must go through a court-supervised probate process before the deceased person’s property can be distributed to beneficiaries or heirs.

As explained in our previous article, probate is not always necessary for an Arizona estate. However, when probate is required for property in an estate, the specific process is determined by the nature and circumstances of the estate.

In addition to several probate processes, Arizona has an exception to probate for small estates called the affidavit process. The affidavit process is not a type of probate but is a process through which eligible small estates can avoid probate.

Determining whether an estate must go through probate and what type of probate applies requires application of Arizona probate laws and a legal analysis of the estate and property. Seeking help from a probate lawyer after a loved one passes away ensures that all necessary legal requirements are met. An experienced probate attorney also helps family members navigate the steps to take following the death.

Types of Arizona Probate Processes

When an estate does not qualify for the affidavit process and has property (assets) that must go through probate, the type of Arizona probate that most often applies is called informal probate. If an estate does not qualify for informal probate, either formal probate or supervised probate may be necessary.

Informal Probate

The informal probate process is the most straightforward type of Arizona probate. The process involves submitting the required paperwork to the probate court registrar, who may appoint the personal representative and admit a will to probate or start the probate process for an intestate estate (one without a will) without a court hearing before a judge. Informal probate is not available in all situations. Generally, Arizona informal probate may be used for an estate if:

  • The decedent left a will, and the person applying to probate the will has possession of the original will (last will and testament).
  • The will satisfies the requirements for validity under Arizona law.
  • The decedent died less than two years before the informal probate application is filed.
  • The person requesting appointment as personal representative has priority by law to request appointment.

If the decedent died without a will, the registrar may initiate probate if additional declarations are made and the applicant has priority or equal right to appointment as the personal representative.

If the application for probate is granted and the registrar issues the appropriate documents to the personal representative, the probate process begins. The personal representative must undertake numerous fiduciary duties, including collecting and protecting assets, paying debts and expenses, and following all the required statutory procedures before distributing and settling the estate.

Formal Probate

Unlike informal probate, formal probate is a process in which the petitioner requests that a judicial officer decide an issue or direct that certain action be taken, after notice to all interested parties and a court hearing. Formal probate involves more paperwork, time, and expense than informal probate.

If any the informal probate requirements are not met — so that informal probate cannot be used — formal probate is likely the process that must be followed. Formal probate may be used to contest the validity of a will for a variety of legal reasons. The personal representative in formal probate has the same fiduciary duties that apply in informal probate.

Supervised Probate

In a supervised probate, the court oversees part of or all of the probate process. The personal representative must secure court approval before making decisions affecting the estate or taking specific actions. Supervised probate administration may be necessary if the court determines that there are special and sensitive issues and concerns that require ongoing court supervision during the probate process. Supervised probate is infrequently required in Arizona.

Navigating Probate of an Estate in Arizona

If you lost a loved one and are responsible for administering the decedent’s estate, talking with a probate attorney can help you make certain that all legal requirements that apply to the estate are followed. An experienced probate lawyer provides you with confidence and peace of mind that the estate is properly settled and distributed. Attempting to handle an estate without legal counsel can create significant legal problems that may be difficult and expensive to resolve.

Schedule a Free Consultation With an East Valley Probate Lawyer

At Peterson Law Offices, Arizona probate is a primary component of our practice. If you need help with probate and estate administration concerns, we welcome you to schedule a free consultation with us.

We provide top-quality services at affordable prices and serve clients throughout the East Valley, including Queen Creek, San Tan Valley, Gilbert, Mesa, and Chandler. Schedule your free initial consultation by calling 480-878-5998 or using our online contact form.

Categories: Arizona Probate