What is Informal Probate in Arizona?
Understanding Informal Probate in Arizona: A Guide for Maricopa County, Phoenix, Scottsdale, Mesa & Peoria
Informal probate in the Superior Court of Arizona is a process for handling the estate of a deceased person in a more straightforward and less formal manner than formal probate. This process is typically used when the estate is relatively simple, without disputes among heirs or significant debts, and when a valid will is present.
If you are looking for information about informal probate in Arizona, especially in Maricopa County, Phoenix, Scottsdale, Mesa, or Peoria, this guide will help you understand the process.
Key Points About Informal Probate in Maricopa County
- What is informal probate? Informal probate is often available when the estate doesn’t require complex legal or court involvement. It’s suitable when there’s a clear will and no expected disputes over the estate.
- How does informal probate work? The process involves submitting an application to the probate court. The application usually requires information about the deceased, their assets, the will (if there is one), and the heirs or beneficiaries.
- Who manages the estate? If the Superior Court of Arizona in Maricopa County approves the application, it appoints a Personal Representative (Executor) to manage the estate.
- What does the Personal Representative do? The Personal Representative is responsible for gathering and managing the estate’s assets, paying debts and taxes, and distributing the remaining assets to the rightful beneficiaries.
- Is informal probate faster than formal probate? Compared to formal probate in Arizona, informal probate typically involves less court supervision, which can make the process faster and less costly.
- What documents are needed for informal probate? There are several important documents to file throughout the process, broken down into four (4) major steps:
- The initial application
- The creditors’ period
- Distribution of assets
- Closing documents
- How long does informal probate take in Arizona? Once all debts and taxes have been paid and the assets distributed, the Personal Representative can file a Closing Statement to finalize the process.
What Are the Steps to Informal Probate in Arizona?
There are a number of steps to informal probate in Arizona and the process lasts for several months. When you hire Windrose Law Center PLC, these are the steps we will take to work toward getting a Personal Representative of the Estate appointed to distribute the assets to the beneficiary or beneficiaries. In this context, we are helping the person who wants to be appointed as the Personal Representative (Executor):
- Initial Meeting where we discuss the flat fee for this service. Then, after you hire us, we work on the remaining steps.
- Preparation of Initial Application – We will prepare and file essential probate documents, including:
- Probate Cover Sheet
- Probate Information Form
- Application for Informal Probate of a Will and Appointment of Personal Representative
- Declaration of Completion of Training
- Notice of Application of Informal Probate
- Proof of Delivery or Mailing of Notice
- Statement of Informal Probate
- Letters of Appointment
- Waiver of Right to Appointment (if needed)
- Waiver of Bond
- Completion of Probate Training – Before signing the documents, you will need to complete the Arizona probate training.
- Meeting to Sign the Initial Application and associated documents
- Court Issues Letters of Appointment – This allows you to begin handling estate assets.
- Addressing Estate Assets – Once you have the Letters of Appointment, we will guide you through the next steps.
- Obtain an Estate Tax ID Number from the IRS (if required).
- Inventory of Estate Assets – We will assist in creating and distributing an inventory of estate assets.
- Identifying and Notifying Creditors – Known creditors will receive notices as required by Arizona probate law.
- Publishing Notice to Unknown Creditors – We will ensure that notice is published as required by Arizona law. Unknown creditors have four (4) months to make claims.
- Filing Notice to Creditors with Superior Court
- Final Inventory & Distribution of Assets – After the four-month creditor period, we will prepare the final inventory, distribute assets, and file a Closing Statement.
- One-Year Probate Monitoring Period – After filing the Closing Statement, we will periodically check the docket to ensure no new claims or filings have been made.
- Official Closure of the Estate – After one year, we will officially close the estate.
Although the above is not an exhaustive list, it should help you get an idea of what informal probate in Arizona entails. Working with an attorney to do the items on this list ensures that everything is handled correctly and the estate can be closed efficiently.
Do You Have Questions About Informal Probate in Arizona?
Let us be your guide through this process. If you need assistance with informal probate in Maricopa County, including Phoenix, Scottsdale, Mesa, or Peoria, we are happy to help you every step of the way.