Probate

What is Probate Law?

Probate is the court supervised administration of the estate of a person once that individual has deceased.  The property of the individual must be distributed under the current and valid will as well as the resolution of all claims.  The overall legal process of probate includes allocating a valid will and assets, paying any debts and taxes as well as paying the cost of the administration of the will.  Furthermore, the remaining assets will be distributed to those entitled to them.  In the state of Arizona, a probate court resolves the cases of distributing the estate.  It may, however, be possible to bypass the use of the court system depending on the size of the estate in question. 

When to Avoid Probate

Probate is unnecessary in the event that the beneficiary has been designated legally, if there are survivorship rights, or if there is joint tenancy.  If the estate in question is real property held in joint tenancy with the right of survivorship the estate will pass directly to the joint tenant given that he or she has filled out the necessary paperwork.  Also, the surviving spouse of the deceased will automatically obtain the estate in the case that it is real property held in community property with right of survivorship.  As long as the specific beneficiary has been allocated, IRAs, annuities, some bank accounts, and insurance policies will transfer smoothly after death.  

The estate in the situations above is not allowed to pass through probate in the Arizona court as well as other “non-probate assets.”  In most cases, if there is a pre-determined recipient of the asset, probate court is not needed.

In the state of Arizona, real property with a value less than $50,000 does not require probate, but rather can be passed to an heir by a formally sworn statement, or an affiant.   The same is true in the case of transferring personal property; the process is simpler, as one can request an order evidencing the transfer of ownership in an open court case. 

Filing a Case

In the case that you do, in fact, need to file a case in the probate court the proceedings will follow according to the requirements of the county in which the deceased resided.  One should always make sure to include a copy of each document that is filed.  After the case has been filed, the notice of hearing will be issued by the clerk, and the date will be decided by the calendaring office.  A personal representative is typically assigned whether the probate is filed with or without a will.   

In Arizona, probate can be filed formally, in which case the hearing will take place before a judge.  Formal probate will occur after a dispute among the parties who share interest in the estate. Formal probate also, many times, requires an experienced Arizona probate attorney.  Informal probate is actually more common, in which there is a designated executor.  It is never too late to change to the formal or informal route of probate after the original filing. 

More Information

Need more information on probate? Follow the link below to a great resource site that will help you undertand more of the details surrounding probate law.

http://law.freeadvice.com/estate_planning/probate/arizona-probate-basics.htm

http://en.wikipedia.org/wiki/Probate