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ARIZONA PROBATE LAWYER

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Probate

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In Arizona, Probate is the process of administering a person's estate, either with a will or without a will, called an Intestate estate. If a person did not have a will, property will often pass according to the laws of the state. 

Our knowledgable attorneys at Paradise Valley Law can help you with the probate process including whether the estate needs an executor.

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What is the Probate Process?​

Generally:

  • All property that does not have designated beneficiaries, or belong to a trust, must go through the probate process.

  • An exception is usually personal property that is valued at less than $75,000 and Real property valued at less than $100,000. This is considered a "small" estate.

  • Minimum time for the probate process is 6 months.

  • Probate is "opened" when a petition is filed with the court and an "executor" is appointed by the court.

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What is an Executor?

An executor is a person who administers the will according to the wishes of the testator. What powers they have can be determined during the probate process, which often include paying the testator's outstanding debts.

  • An executor must account for all assets.

  • An executor is also tasked with notifying all creditors and interested parties.

  • All debts, including taxes, must be paid by the executor from available assets.

  • All remaining assets must be distributed per the wishes of the decedent according to the terms of the will.

  • Once all probate steps are completed, the probate must be "closed" by the court.

If you're facing the probate process after the passing of a loved one, our Probate attorneys at Paradise Valley Law can provide guidance, or professional fiduciaries to ease the probate burden during your time of grief.