Understanding Probate in Arizona: Informal, Formal & Supervised Options

Probate is the legal process of finalizing a deceased person’s financial affairs and seeing that their remaining assets are distributed to their heirs and beneficiaries. Arizona law provides for several different types of probate. The type of probate that may be appropriate for your loved one’s estate will depend on the specific circumstances involved.

What is Probate in Arizona?

Probate refers to the legal process of administering a decedent’s estate. Arizona probate law includes three types of probate, each differing by the level of court involvement in the proceedings. These options allow less complex estates to be resolved quickly with minimal court oversight, while more complex cases or those involving legal disputes receive the appropriate judicial scrutiny.

Arizona does not require probate for small estates that meet a statutory threshold. In these cases, an heir can fill out a small-estate affidavit asking the court to release the estate’s assets.

Informal Probate

Certain estates in Arizona qualify for informal probate, a simplified process for settling an uncontested estate. Informal probate in Arizona begins with filing a petition and the decedent’s will with the probate court registrar. Probate must be filed by a party with priority, such as a surviving spouse, adult child, or person nominated in the decedent’s will to serve as executor.

Informal probate allows for a faster and less expensive estate administration process because it does not require a court hearing. However, an estate can go through an informal probate only if no parties object to the admission of the decedent’s will or the appointment of the administrator or personal representative (executor).

Formal Probate

Formal probate in Arizona involves a court-supervised process for administering an estate. An estate may require formal probate if:

• One or more parties wish to contest the validity or interpretation of the will.
• Multiple parties make competing claims to serve as the personal representative or administrator of the estate.
• The decedent’s family cannot locate the original will.
• The case does not meet the other requirements for informal probate.

Formal probate can be more costly and time-consuming due to the need for court hearings and obtaining the court’s approval for various actions taken on behalf of the estate.

Supervised Probate

In a supervised probate proceeding, the court takes a much more active role in overseeing estate administration. Supervised probate requires parties to seek court approval for most aspects of the estate administration process, including opening the estate, securing legal counsel to represent the estate, appointing personal representatives/administrators, handling creditor claims, and managing and distributing assets to heirs and beneficiaries.

A court may require a supervised probate under certain circumstances, such as if:

• The decedent’s will expressly requests a supervised probate.
• The estate’s liabilities exceed the aggregate value of its assets.
• Other parties have filed lawsuits against the estate (such as personal injury or professional malpractice claims).
• Heirs and beneficiaries raise disputes over the administration of the estate or concerns about the executor’s/administrator’s ability to serve.
• The court determines that supervised probate is necessary to protect the interests of heirs, beneficiaries, and creditors.

Get Help From an Arizona Probate Lawyer

If you have questions about probating an estate in Arizona, the experienced probate attorneys at Pennington Law, PLLC can help. Call or contact us today for a free consultation.