When a loved one passes away without a will in Arizona, a question that immediately arises is whether probate is required.

At PayneLess Law, we’ve guided many families through these situations, ensuring a smooth and informed process every step of the way.

This guide breaks down when probate is required, how intestacy laws come into play, and the exceptions that might apply. Let’s explore what happens in Arizona when someone dies without a will.

Probate in Arizona

Probate is the legal process used to settle a deceased person’s estate, whether a person died intestate (without a will) or testate (with a valid will). In Arizona, the probate process involves a court validating the will (if it exists), appointing a personal representative, overseeing the settling of debts, and overseeing the distribution of assets according to the intestate statutes or the terms of the will.

Probate ensures the estate is handled according to state law, providing a uniform structured way to manage what could otherwise be a chaotic situation.

The steps of probate typically include:

1. Filing a Petition: The process begins with filing a petition in the court to appoint a personal representative (also called an executor).
2. Notifying Hiers and Creditors of the Probate: This starts the 4-month time period for objections by Heirs and the time period for Creditors to make claims against the estate.
3. Inventorying Assets: The representative identifies and values the deceased’s property, including real estate, financial accounts, and personal belongings.
4. Paying Debts and Taxes: Any outstanding debts or taxes the deceased owes must be paid from the estate.
5. Distributing Assets: Finally, the heirs or beneficiaries receive the remaining assets as determined by Arizona law or the terms of the Will.

Probate is required for estates with significant assets or legal complications. However, not all estates are required to go through probate, especially in cases of small estates or specific legal arrangements.

What Happens When Someone Dies Without a Will? (Intestacy in Arizona)

Dying without a will is called dying “intestate.” When this happens, Arizona’s intestacy laws determine who inherits the deceased’s property. These laws are found in Arizona Revised Statutes Title 14, and they create a clear hierarchy for distributing assets:

1. Spouse: If the deceased was married, the spouse may inherit the entire estate or share it with children from other relationships, if there are any.
2. Children: Biological and legally adopted children are next in line if no spouse.
3. Parents: If no spouse or children survive, the deceased’s parents inherit the estate.
4. Siblings and Extended Relatives: If no immediate family survives, siblings and other relatives become the heirs.

This prioritization ensures the estate stays within the family, even in the absence of a will. However, however, each member of the class entitled to receive under the intestate statute takes equally, regardless of the closeness of their relationship with the deceased.  So, if the deceased brother was very close to the deceased and maybe even took care of her during her final illness, if the “sibling” class is entitled to the intestate share, then all of the siblings will split the assets equally even though the one brother maybe “deserved” more.

When Probate May Be Required (Even Without a Will)

While not all estates require probate, certain situations make it unavoidable. Below are some common scenarios where probate is necessary:

Real Estate

If the deceased owned real property, such as a home or land, probate is almost always required to transfer ownership. Without probate, the title to the property would remain in limbo, making it impossible for heirs to sell or use the property legally.

Significant Assets

In Arizona, estates with a value exceeding $100,000 in real property equity or $75,000 in personal property value typically require probate. This threshold includes the total value of all the deceased’s possessions, from real estate to bank accounts to tangible assets like furniture, jewelry, and cars. Estates with values below the threshold may be eligible for the small estate affidavit process.

Debts and Creditors

When an estate has outstanding debts, probate ensures creditors are paid appropriately. This process protects the estate from future legal claims, leaving a clean slate for heirs.

When Probate May Be Avoided

Some estates can bypass probate entirely, thanks to specific legal options available in Arizona. Here are the most common ways to avoid probate:

Small Estates

Arizona offers a simplified process for small estates. If the personal property is valued at $75,000 or less and real property is worth $100,000 or less, a family member can use a Small Estate Affidavit to claim assets without going through probate. This alternative is faster and less expensive than traditional probate.

Joint Ownership

Assets owned jointly with the right of survivorship, such as jointly owned bank accounts or real estate, automatically pass to the surviving owner without probate. In Arizona, options like joint tenancy with right of survivorship make this process seamless.

Beneficiary Designations

Many financial accounts, including retirement funds and life insurance policies, allow the owner to designate a beneficiary. These assets transfer directly to the named person without involving probate. In Arizona, a Beneficiary Deed can even transfer real property to a designated beneficiary upon the death of the owner without probate.

Living Trusts

Assets placed in a living trust bypass probate entirely. Since the trust owns these assets, they aren’t considered part of the deceased’s estate, allowing for a smoother and more private transfer.

Formal vs. Informal Probate in Arizona

In Arizona, probate can take one of two forms depending on the estate’s complexity:

1. Informal Probate: Used when the estate is straightforward and there are no disputes. This process is quicker, less expensive, and typically involves minimal court supervision.
2. Formal Probate: Required when there are complications, such as disputes over the heirs, significant debts, or contested claims. This process involves more oversight and may require court hearings.

Need Help with Probate in Arizona? PayneLess Law Is Here for You!

Whether you’re facing probate with or without a will, PayneLess Law is here to help. We’ve supported families across Arizona in settling estates, ensuring a smooth process even in challenging situations. From determining heirship to handling creditor claims, we take care of the legal details so you can focus on recovering from the loss of your loved one.

Let us guide you through every step of the way. Call 480-420-7199 or visit our Schedule A Consultation page to schedule a consultation today!