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Many people wonder, “How long does probate take in Maricopa County?” Learning more about the details of probate administration can help you learn how a decedent’s assets are distributed upon their death if the decedent dies without a valid will. A personal representative is the appointed professional who deals with the details of a decedent’s estate in probate in Arizona and ensures compliance with state law.
Tax consequences are often a critical component of probate administration. Additionally, the two main types of probate under Arizona law are formal probate and informal probate. Inventorying and managing assets is one of the core responsibilities of the personal representative. If a decedent dies without a valid will, then the state law of Arizona will determine how the deceased individual’s property is distributed to heirs and creditors.
Upon the death of a decedent, an interested party will file the will and a petition with the probate court. Sometimes a decedent will die without a valid will, and this is an important element that the probate court must review. Once the court appoints a personal representative, it assesses the validity of the will. After the will is deemed to be valid, the probate court will provide letters of administration to the personal representative or letters testamentary, depending on the circumstances.
The personal administration will manage the estate and oversee distributions of assets and payments to creditors. The decedent’s heirs will typically be notified through a notice of heirship. Many creditors receive notice of the decedent’s death through local newspapers. Creditors have 60 days to make any claims against the estate if they receive notice of the decedent’s death through the mail.
Next, the personal administration collects the decedent’s assets and creates an inventory so that creditors can be paid. Once creditors are satisfied, the personal representative will distribute assets to beneficiaries. The probate administration process ends when the personal representative petitions the court to close the decedent’s estate and files the necessary documentation.
Every year in the U.S., 2.6 million probate cases are filed in court. The three main types of probate under Arizona law are formal probate, informal probate, and supervised probate. This takes place at the Maricopa County Superior Court on W. Jefferson St. in Phoenix. Formal probate resolves legal disputes such as will contests, disagreements about the appointment of the personal representative, and conflicts regarding specific will provisions that require court oversight.
Informal probate administration is the most common form of probate in Arizona, and it is utilized when the will does not face any challenge from an outside party. The court will allow the personal representative to pay creditors and distribute assets under the terms of the decedent’s valid will without extensive court supervision.
Supervised probate administration occurs when the court scrutinizes every part of the probate process. A personal representative acting under this form of probate administration must have permission from the court to take any action affecting the estate. Interested parties or heirs who have an interest in the decedent’s estate can request supervised probate administration in Arizona.
If you have questions about the appointment of a personal representative or which assets are distributed to creditors or heirs, you should hire a probate lawyer. A legal professional who is familiar with probate administration can help you determine how you can invoke your legal rights to protect the rights of the decedent and the rights of beneficiaries who should take property under the decedent’s will.
You may also want to consider alternatives to probate administration, and a knowledgeable probate attorney can inform you of the options available to you and your family members for protecting the privacy of the estate.
A: The timeline for probate in Arizona can vary. Informal probate is the most common type of probate administration and is often resolved faster. Formal probate may take much longer to complete. If heirs contest the will, then the probate process may be significantly longer. Also, estates with a large number of assets may take more time to go through probate than estates with fewer assets.
A: You have to wait six months after probate in Arizona to permit creditors to assert claims related to the estate and to allow time for all of the decedent’s heirs to be identified. Creditors must submit claims within 120 days of notice, but the six-month waiting period allows time for tax return processing as well as the settlement of debts.
A: The first thing that happens after a will has been probated in Arizona is that the court will appoint a personal representative and issue letters testamentary. A personal representative is the executor of the estate, and the letters testamentary provide a designated person with the power to administer the estate, notify creditors, and collect assets. Additionally, the administrator must identify both personal property and real property within the estate.
A: How long it takes to receive inheritance money generally depends on the degree of complexity related to the estate. The majority of estates disburse inheritance money within 6-12 months. If an estate or inheritance is contested, then it may take years for inheritance funds to be transmitted. Creditors have four months to make claims against an estate in Arizona after receiving proper notice.
Probate administration in Maricopa County can be overwhelming without the assistance of an experienced legal professional. Working with a probate attorney allows you to obtain a clear understanding of Maricopa County probate laws. Our team can provide you with guidance regarding wills, trusts, and estates in Arizona from start to finish.
If you are seeking a probate lawyer in Maricopa County, then contact the CDM Law Firm today to schedule a free consultation. We will review the facts of your case while answering any questions, like how long probate takes in Maricopa County.
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