The loss of a loved one is an emotionally and practically challenging time. Surviving family members may face debts to pay, assets to distribute from the decedent’s estate, and complex legal procedures to work through. You can accomplish many of these steps through the probate process, although it can be expensive and time-consuming without legal assistance.
The Scottsdale lawyers at Mushkatel, Gobbato, & Kile, P.L.L.C., have in-depth knowledge of Arizona probate law. We’re here to help you. We can offer comprehensive legal support throughout the probate process as well as estate planning services that are aimed at helping heirs to avoid probate proceedings. We have over 50 years of combined experience, and our client testimonials demonstrate our legal team’s commitment to anyone who needs our legal services.
Call us now or submit our contact form to request a consultation with an experienced and knowledgeable probate attorney and learn more about how our Scottsdale office can assist you and your family in dealing with the probate process in Arizona.
What Is Necessary to Create a Will in Arizona?
One way to help your heirs avoid the probate process is to create a clear, legally enforceable will. Arizona’s laws on creating wills outline two basic requirements. Under the law, the testator (person making the will) must be:
- Age 18 or older
- Of “sound mind,” or they understand their decisions’ implications.
A testator may need to meet more detailed requirements depending on the type of will the testator wishes to create. Consider the following:
- Witnessed wills require the testator to sign the document before two witnesses, who must also sign it. These wills are valid, but probate courts may ask the witnesses to confirm the will’s authenticity later.
- Self-proved wills are the most common in Arizona. They follow the same steps as witnessed wills, but with an added affidavit that the creator and witnesses sign before a notary. This extra step makes the will more legally secure.
- Holographic wills are wills that the testator writes by hand and signs. Witnesses are not mandatory. Still, having at least one witness helps to prove the will’s authenticity. These wills can face scrutiny during probate.
- Electronic wills must include electronic signatures of the testator, two witnesses (physically or virtually present), and a valid government-issued ID. All the required parties must add their signatures within a reasonable time. Virtual witnesses must be in the U.S. when they sign the will.
What Is Probate?
Probate is the legal process to settle a person’s estate after they pass away. It involves proving a will is valid (if there is one), identifying and valuing the person’s property in the probate estate, paying debts or taxes, and distributing the remaining assets to heirs or beneficiaries.
Are There Different Types of Probate?
The three primary forms of probate in Arizona are:
- Informal probate – This type is the most common and straightforward one. It applies when there’s a valid will and no expected will contest. The deceased’s personal representative (whom the deceased may have named or the probate court may have appointed) handles most tasks without court approval.
- Formal probate – The formal probate process may be necessary when there are questions about a will’s validity or disagreements among the deceased’s heirs. A judge oversees the case more closely and may hold hearings to resolve issues.
- Supervised probate – In supervised probate, the court is involved in every part of the process. The personal representative must get court approval before taking many actions, such as selling property or distributing assets. This type of probate usually happens when the court believes extra oversight is necessary to protect the estate or its heirs.
How Does the Probate Process Work?
The basic steps in the Arizona probate process are as follows:
- Filing a petition – The process begins with filing a petition with the probate court to open the estate and appoint a personal representative (executor).
- Notifying heirs and creditors – The court requires the executor to inform all potential heirs and known creditors, giving them a chance to respond.
- Validating the will – If there is a will, the court reviews it to ensure its validity. If there’s no will, Arizona’s intestate succession laws determine who inherits the deceased’s property.
- Inventorying the estate – The personal representative identifies and values all the estate’s assets, including real estate, bank accounts, and personal property.
- Paying debts and taxes – Before the executor can make any distributions, the estate must pay outstanding debts, taxes, and final expenses.
- Distributing assets – Once the estate’s debts are settled, the remaining property is distributed to the deceased’s heirs or beneficiaries according to the terms of the will or state law, if a will does not exist.
- Closing the estate – The final step is filing paperwork with the court to close the probate case officially.
When Is Probate Required?
Probate is usually required for estates that meet a certain asset threshold, when no will or a will contest arises. However, some smaller estates can avoid the formal probate process if the deceased had less than $200,000 in personal property or $300,000 in real property. (These thresholds changed under House Bill 2116 in 2025.)
What Are Ways to Avoid Probate?
You may avoid probate in Arizona, even if your estate is valued at $200,000 or higher. One common way is to set up a revocable living trust and transfer your assets, which must pass directly to your beneficiaries without involving the courts.
To avoid probate, you can use tools like payable-on-death (POD) designations for bank accounts and transfer-on-death (TOD) deeds for real estate. Creating jointly owned accounts where your spouse (or another heir) has rights of survivorship is another option that allows property to pass directly to the surviving owner.
How Long Can the Probate Process Take?
The Arizona probate process typically takes several months to over a year, depending on the estate’s complexity and whether anyone challenges the will by, for instance, alleging that the decedent left money or other assets to specific individuals due to coercion or undue influence. Simple cases with no disputes or unusual assets might end in four to six months. However, probate can take much longer if the heirs have problems locating assets or face legal challenges.
Contact a Scottsdale Probate Attorney
Mushkatel, Gobbato, & Kile, P.L.L.C., is ready to guide you through the probate process in Arizona. When you work with us, you get the resources of a large firm with the personal attention of a smaller practice. We’re here for all your probate and estate planning needs. Call or complete our contact form today for a consultation with our Scottsdale probate attorneys.
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