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FAQs

HOW LONG DOES PROBATE TAKE?

A probate filed in Arizona takes approximately 18 months to complete from start to finish but typically it takes approximately 4 to 6 months for the heirs to receive the inheritance from the estate.

THE DECEDENT LIVES IN ANOTHER STATE. CAN I FILE IN ARIZONA?

If there is real estate in Arizona, we can open Probate in Arizona.

HOW MUCH OF THE PAPERWORK DO I HAVE TO DO?

None. We prepare all of the documents from start to finish. The only thing you have to do is appear in court if we open a formal probate, pay the creditors, deal with the entities holding the assets and distribute the estate to the heirs. However, We prepare the Arizona Deed of Distribution that transfers any real estate to the heirs.

WHAT IS A SMALL ESTATE TRANSFER?

If the decedent has real estate worth less than $75,000 after any debt is deducted then we may be able to prepare an Affidavit of Succession for Transfer of Real Property. This document is submitted to the court with the Will, copy of tax roll for the year of death and death certificate. If the court finds the Affidavit complete and accurate they will issue a certified copy of the Affidavit so that it can be recorded. Once recorded then the transfer to heirs is complete. If there is personal property for example a bank account worth less than $50,000 then we can prepare an Affidavit of Succession for transfer of Personal Property. This document does not get filed with the court. You simply present it to the bank.

HOW CAN MY HEIRS AVOID PROBATING MY ESTATE?

If you have a revocable trust that is properly funded with your assets then your heirs may be able to avoid probate. Another option for those who only have 1 piece of real estate and no other probatable property is a beneficiary deed.