Have you ever wondered what happens to someone’s estate after they pass away? That’s where probate comes in.
Probate is the legal process where the court steps in to make sure everything is handled properly when someone dies. This includes validating a will (if there is one), taking inventory of the estate, making sure debts and expenses are paid, allowing creditors to file claims, and distributing what’s left to the rightful heirs (even if those heirs are not who you want to receive your estate).
Sounds simple, right? Unfortunately… not always.
What Triggers Probate?
When someone passes away, someone must petition the court to appoint a personal representative for the estate. That person might not be who you would have chosen. Even worse, if there’s no will, Arizona law decides who gets what — usually starting with a surviving spouse, children, parents, and so on.
Does Everything Go Through Probate?
Not necessarily. Some assets bypass probate, like jointly owned assets (they typically pass to the surviving owner) or assets with a valid beneficiary designation (like life insurance or retirement accounts). However, each of these has its own rules and potential issues.
What About Arizona’s Threshold Limits?
As of September 26, 2025 (HB 2116), if the estate is less than $200,000 in personal property or $300,000 in real property, it may qualify for a simplified process instead of full probate, such as a small estate transfer.
The Downsides of Probate
Here’s the reality:
- It can take six to eighteen months (or longer).
- It can be costly, especially if attorneys are involved.
- It’s public record, meaning anyone can look up your estate details.
- It invites creditors to submit claims to the estate.
- You and your family lose control — the court decides everything.
If you own real estate in multiple states, things can get even more complicated since probate would need to happen in each state where property is located.
Bottom line: Probate can be stressful, expensive, and time-consuming for your loved ones. The good news? With the right planning, there are ways to reduce or even avoid probate altogether.
Want to learn more about probate and how to plan ahead? Reach out and I’d be happy to chat with you!
Disclaimer: I am not an attorney, and the information above is for general informational purposes only. It should not be considered legal advice. For legal advice tailored to your situation, please consult a licensed attorney.