Navigating Probate in Buckeye, Arizona

Probate is the process of settling someone’s estate after their death. When a loved one passes away in Arizona, their estate may need to go through probate. Navigating probate can be challenging depending on your family member’s assets, debts, and whether they had a valid will and clear estate plan. If you need help understanding probate or managing disputes, a Buckeye, Arizona probate lawyer can answer your questions and advise on your next steps.  

What is Probate?

Probate is the court-supervised process of distributing a person’s assets once they die. There are two types of probate: 

• Informal probate – For estates with a valid will and no contested disputes
• Formal probate – A court-involved process where a judge makes decisions on will contests, beneficiary designations, or other disagreements 

There are some common misconceptions about probate, including:

• All assets must go through probate – Some assets are not subject to probate, including living trusts, payable on death (POD) accounts, jointly owned property, and retirement accounts and insurance policies with designated beneficiaries.
• Arizona keeps the assets when there is no will – If your loved one did not have a will, the Buckeye, Arizona probate court will distribute the estate according to the state’s intestate succession laws. 

When is Probate Necessary?

Not every estate in Arizona must go through probate. In some situations, Arizona law permits estates valued at less than $75,000 to go through a simplified “small estate” process. Probate is necessary if you die without a will or have a large estate with assets over $75,000 or real estate over $100,000. 

Assets typically transferred through probate include real estate, vehicles, household items, personal property and valuables, and financial assets, including cash and bank accounts. 

The Probate Process in Buckeye

The Buckeye, Arizona probate process involves several steps:

• Initiating probate – The estate’s personal representative (executor) must file documents with the probate court to initiate probate proceedings. If there is no will or your loved one did not name a qualifying personal representative, the court will appoint someone. 

• Inventorying and appraising assets – Once appointed, the personal representative must oversee the probate process, including inventorying and appraising the estate. 

• Notifying creditors and heirs – The personal representative must notify your loved one’s heirs and creditors of their death and allow them to make claims on the estate. 

• Settling debts and taxes – Your loved one’s assets will be used to settle estate taxes and pay any owed debts. 

• Distributing remaining assets to beneficiaries – Once all debts and taxes are paid, the personal representative will oversee the distribution of the estate’s assets to beneficiaries. 
• Closing the estate – After completing the required steps, the executor must file with the probate court to close the estate officially.

Contact Our Buckeye, Arizona Probate Attorneys Today

Estate administration can be overwhelming, especially if you are grieving the loss of a loved one. An experienced Buckeye, Arizona probate attorney with Pennington Law, PLLC, can assist you in resolving estate disputes and making the process as painless as possible. Contact us online or call today for a free consultation.