Is There a Need to Open a Probate in Arizona?

            A probate is opened in Arizona when a person is domiciled within the state at his death or the decedent owned property in the state at his death.  There are formal and informal proceedings available.  The goal of the legislation related to probates is for minimal court involvement.  However, if the courts are needed to resolve disputes or provide oversight, they will get involved.

            Look to the assets themselves and determine what kinds of assets they are and how they are held.  For instance, were the bank accounts owned jointly with another person?  If so, the bank accounts pass to the joint owner without probate.  If real property was held with another as joint tenancy with right of survivorship, the property passes without probate.  If life insurance was payable to a named beneficiary, not to the estate of the decedent, then the proceeds are passed to the beneficiary without probate.  Assets held in the name of a Trust created during the lifetime of the decedent pass as directed in the Trust instrument, without the need for probate.

            Small estates do not require probate.  Rather, small estates can be administered by the use of affidavits.  Small estates include personal property with a value of up to $50,000 and real property valued up to $50,000.  Community property issues must be taken into account if the deceased was married.  Generally, it is a good idea to consult with an attorney when there are any doubts or questions related to the necessity of opening a probate and the type required.  Further, if there are foreseeable disputes related to an estate, the sooner an attorney is consulted, the quicker the issues can be resolved.