When a valid will exists, there’s a clearer way for your executor to pay off debts and distribute the remainder to loved ones and other heirs.
However, if you don’t leave clear instructions or fail to meet Arizona requirements, heirs, creditors and others may challenge the document’s validity. This can cause confusion and turmoil for your loved ones. That’s why it’s essential to understand the probate process.
How does probate work?
Probate is a superior court proceeding in Arizona to validate your will and appoint a personal representative to oversee your estate. This is typically the same person you’ve named in your will.
Arizona has three types of probate:
- Informal
- Formal
- Supervised
Most probate proceedings in Arizona are “informal,” which means they require minimal supervision from the court. Here are brief descriptions of each process.
Informal probate
Informal probate generally occurs when a will is validated, and no challenges exist. A judge, clerk of the court or a court commissioner oversees the process, usually without closely scrutinizing a personal representative’s every move. Trips to the courtroom are not often necessary.
Under Arizona law, these individuals may file for informal probate:
- Your spouse
- Your adult child
- Your parent
- Your sibling
- Your heir
- The personal representative named in your will
- The Department of Veterans’ Services, if you’re a veteran
Creditors may also file if at least 45 days have passed since your death.
Formal probate
Complex estates and legal disputes over a will may require formal probate. A judge typically presides over the process in a courtroom when concerns arise over:
- The validity of a will
- Any ambiguities in the will
- Your choice of personal representative
- Identifying heirs
- Any assets requiring increased court supervision
Formal probate can also occur when debts exceed the value of the estate.
Supervised probate
This is Arizona’s traditional method for conducting probate, where the Arizona Superior Court administers all aspects of the process, including:
- Opening the estate
- Approving attorneys
- Appointing personal representatives
- Taking creditor statements
This type of probate has more court oversight than the partially supervised formal probate.
Knowing the difference between Arizona’s three types of probate can help ensure a smooth process. It can also provide peace of mind for you now, knowing that your will is valid and you’ve taken steps to minimize or eliminate disputes.
You can protect your legacy and reduce the anxiety for your loved ones by discussing your wishes with an experienced estate planning lawyer.
