25 Nov My Parent’s Estate Is Going Through Probate—What Can I Expect?

When one of your parents passes away, it’s an overwhelming loss. And being named as the executor of their estate while you’re dealing with grief can feel like too much at once. You likely have hundreds of questions running through your mind, adding to your stress. Where do you start? What can you expect while dealing with the probate process? What do you have to do as the executor of an estate? 

First, take a deep breath—you’re here looking for answers, and we’re here to help. 

Handling Your Parent’s Estate As It Goes Through Probate

How long the probate process takes depends on the size of the estate and the number of assets, and on whether or not someone contests the will. For the majority of estates, this process lasts about a year. 

However, if the estate has to go through formal probate it can take even longer. Formal probate (instead of informal) is required when someone challenges the will or when there’s a disagreement over who should be the executor. It also happens when no will is present (this is called dying intestate). 

First off, locate and read the will. Then find out if you need to petition the court to be named as an executor. Arizona probate proceedings are generally handled by the Superior Court in the county where your parent lived. You’ll need to file a copy of their will (if one exists) with the probate court to start the process. Along with the will, you’ll file a petition asking the court to officially appoint you as executor. 

If no objections are presented, probate will move forward. The court will first determine if the will is valid. Then they will appoint you as executor (or personal representative) and you’ll be responsible for managing the estate. 

What to Do As the Executor of an Estate

Step 1: Provide Notice to Creditors

Arizona law states that at the time of appointment a personal representative needs to publish a notice to creditors. This means posting in a local newspaper (one that circulates the county where the decedent lived) once a week for three successive weeks. You must also provide a written notice by mail to all known creditors. 

Step 2: Take an Inventory of the Estate

As the executor, you’ll be responsible for gathering and listing all of your parents’ assets and having them appraised if necessary. Make a complete list and be as thorough as possible when taking notes. Collect documents like bank account statements, homeowner’s insurance policies, mortgage information, current mileage and VINs for vehicles, photographs of physical assets, and appraisals reports. 

The assets in an estate can be numerous and quite diverse—here’s a list of the most common categories:

1. 1. 1. Real Estate: Family home, vacation homes, rental properties, business properties 
      2. Vehicles: Cars, trucks, boats, motorcycles, recreational vehicles, planes
      3. Financial: checking and savings accounts, CDs, stocks, bonds, investment or brokerage accounts, money market accounts, cryptocurrency, etc.
      4. Business Interests: Shares, licenses 
      5. Valuables: Jewelry, artwork, collections, antiques, safety deposit boxes, clothing, furniture, books, sentimental items

 

Note: Certain assets do not have to go through probate. Exempt assets include property owned in joint tenancy, retirement plans like IRAs or 401Ks, life insurance policies, and bank accounts with a transfer-on-death beneficiary. 

Step 3: Settle Debts and Pay Taxes

As executor, you’ll need to pay off all your parent’s debts. Their medical bills, credit card debts, mortgages, funeral expenses, court costs, and any outstanding loans will have to be paid. If your parent owned a business, you’ll need to close any liens, pay wages to the employees, and file taxes. 

Speaking of taxes—a final income tax return for the year of death is also required. Arizona does not have an estate tax but if the estate is valued over $13,990,000 (for those deceased in 2025) a federal estate tax will be levied. 

Step 4: Distribute the Estate

After all debts, taxes, and business expenses have been settled, you can begin distributing the remaining assets. It will be your job to divide them between your parent’s beneficiaries according to the terms of their will or the decisions of the court. 

If there are any disputes over inheritance, or if a beneficiary is unclear about their share, it could delay the distribution process. If someone contests the will, it could lead to a more complex probate process and potentially litigation. 

However, if the will is not contested, your next steps are pretty straightforward: 

1. 1. 1. Value the remaining assets.
      2. Check the will to see how they should be distributed.
      3. Hand over physical property like cars and personal items.
      4. Transfer titles and ownership for homes, vehicles, and other titled assets.
      5. Transfer any cash, safety deposit box contents, investment accounts, and other monetary goods to the appropriate beneficiaries.
      6. Settle any disputes with court approval. 

 

Step 5: Close the Estate

After all the assets have been distributed and outstanding debts have been paid, you can formally close the estate. This will involve making sure all documentation is properly filed and archived, filing a petition with the court to close the probate process. 

Step 6: Deal with Possible Complications

Sometimes there are complications that can delay the probate process. If any of the beneficiaries feel that they are entitled to assets they didn’t get, they may contest the will. They can also contest the actions of the executor. And if creditors or other claimants come forward after the debts appear to be settled, the executor may have to revisit the payment of claims before proceeding with distribution. All of this will lead to legal delays.  

On the other hand, it’s also easy to miss important details that can cause headaches in the future. Estate or income tax liabilities that were not initially apparent will cause delays. Overall, the executor’s role in distributing an estate requires careful attention to detail, adherence to the decedent’s wishes or the court’s order, and compliance with applicable laws. It’s a difficult task to undertake, and you may need professional help. 

Make Handling Your Parent’s Estate Easier—Consult a Probate Expert

Phelps LaClair has administered hundreds of estates Over the last 40 years, we’ve developed an intricate understanding of the probate process in Arizona. We also understand how much pressure is placed on an Executor or Trustee. 

Our experts can help you navigate every aspect of administering an estate. Our goal is to lift the pressure off of your shoulders, so you can stop worrying. In most cases our fees can be paid from the estate of the deceased, so you won’t be under any financial strain. 

We’d also be happy to help you utilize instruments like living trusts and LLCs so your estate can avoid probate altogether. You can spare your beneficiaries the expensive court fees and avoid the delays in the distribution of assets that occur when a will goes to court. 

Do your heirs and yourself a favor—come see us and let’s plan together for a better, probate-free inheritance. Phelps LaClair has offices throughout the Phoenix area, and we’ve been serving Arizona families for several generations. We’ll make sure your assets end up in the right hands at the right time, without having to go through probate.  

 

 

 

Image by Dimitris Vetsikas from Pixabay on 11.25.2024 | used under the creative commons license