02 Apr What Exactly Happens During Probate?

There are seven steps in the probate process. First, the court will have to verify the will. Then it is up to the “executor” or “personal representative” to take an inventory of the assets, pay off any debts, and distribute the remaining assets to the beneficiaries. Finally, they will petition the court to close the estate.  

Here’s what happens during the probate process in Arizona.

How Probate Works in Arizona 

In Arizona, probate is required for all estates worth $75,000 or more, whether or not the deceased left a will. If the value of an estate does not exceed that amount, it can be settled with a small estate affidavit. 

It can take anywhere from four months to two years to complete the probate process. The length of time will depend on the size of the estate, the complexity of the distributions, the number of claims from creditors, and whether or not anyone contests the will.

Let’s go through the process step by step.

Step 1: Petitioning the Court 

The first step is filing a petition to open the estate. The petition must be filed within two years of the person’s death. Typically, this process is started by the personal representative or “executor” named in the will. However, if no representative is named, then anyone who wishes to take on that role may petition the court. If no one steps up, the court will appoint a representative. 

Step 2: Validating the Will 

Next, the court must verify that any existing will is legally valid. If the court decides the will is valid, then the estate executor will be able to carry out its instructions. If the will is not valid, if there is no will, or if someone contests the will, then the court will make its own decisions about who the beneficiaries are and how the estate should be divided. 

Step 3: Appointing a Representative

Once the will is validated, the court will officially appoint an executor for the estate. If there is no representative named in the will, the court will choose one. 

Step 4: Inventory of Assets 

The representative will then make an inventory of the estate’s assets. This would include all financial and real estate holdings, as well as personal assets like vehicles, jewelry, or collectibles if they have a significant effect on the value of the estate. All of the assets must be accounted for, appraised for value, and carefully documented. 

Step 5: Payment of Debts 

Before any assets can be distributed to the beneficiaries, all of the deceased’s legal debts, taxes, and funeral expenses must be paid.

Debts will be paid according to a specific hierarchy:

1. Estate administration fees
2. Funeral costs
3. Family allowance for dependents
4. Federal taxes
5. Medical bills
6. Property taxes
7. Secured loans and mortgages
8. Credit card debts and personal loans

After all of these expenses have been paid, the remaining assets can be released to the beneficiaries. 

Step 6: Distribution of Assets

The estate executor will be responsible for contacting the heirs and transferring ownership. They will distribute the assets according to the terms of the will or the judgment of the court.

If there was no will, the deceased’s assets will be distributed to their legal spouse first, then their children, and after that their parents, siblings, or nearest blood relative. If no living family members can be found, the deceased’s assets will go to the state of Arizona. 

Step 7: Closing the Estate

As long as it has been at least four months since the estate was opened, the representative can petition the court to close the estate. This means that all the debts and taxes have been paid, and statements have been sent to all claimants and creditors. After the judge has closed the estate, the beneficiaries can take full possession of their inheritance.

Is There Any Way to Avoid Probate?

Although you can’t avoid probate altogether, there are several ways to keep your assets out of probate, and help your family avoid costly delays and court fees.

To avoid probate, you can:

1. Fill out beneficiary deeds for bank accounts and titled assets.
2. Reduce the size of your estate with gifts.
3. Place all assets that would be subject to probate in a trust.

A trust can serve much the same purpose as a will, as far as naming beneficiaries and giving instructions on how to distribute your assets. And if you place your assets in a trust, then name the trust as your sole beneficiary in your will, probate should take a lot less time. 

Keep Your Estate Out of Probate with Help from Phelps LaClair

Don’t let your family’s inheritance sit in probate court because your documentation was out of order or nonexistent. Phelps LaClair has been practicing estate planning law since 1980. We can help you avoid probate and ensure your wishes will be carried out after you pass away. Contact us today to schedule a free consultation. 

Photo by Melinda Gimpel on Unsplash used with permission under the Creative Commons license for commercial use 3/20/26.