What is Probate?
What does a Personal Representative do?
Does all property have to go through probate?
Who makes the decisions?
How much does probate cost?
How long does probate take?
Can I sell real estate or personal property during probate?

What is Probate?

Probate law has to do with the handling of an estate when someone, such as a family member or other loved one, passes away. These are the laws that make sure that the creditors are paid properly and that assets are distributed to the " heirs," or the descendant. Probate is a legal process that begins with a "petition" (a request) to open the estate and name a personal representative who is responsible for the administration of the deceased's property.

What does a Personal Representative do?

The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.

Does all property have to go through probate?

Probate isn't required if the deceased/author of the Will did not own titled or considerable assets. In Arizona, a probate may be required if a deceased person had assets that require a transfer of title. One of the most common reasons a probate is necessary is to transfer the title of Arizona real estate. Assets named only in the deceased person's name must go through probate.

Who makes the decisions?

A personal representative is appointed by a probate court. This person follows the wishes in the will, and makes the decisions on how to best settle the estate.

How much does probate cost?

Probate expenses usually run anywhere from 3% to 7% of the total value of the estate. This includes court costs, executor's fees and possible expenses, a surety bond, appraisal fees, plus legal and accounting fees. If there is a "Will contest" expense can run even higher.

How long does probate take?

A probate proceeding can take anywhere from a few months to several years, depending in part upon the number and nature of assets involved, and the number & location of beneficiaries. In the best of circumstances, an Arizona probate will take five or six months. The primary reason a probate cannot be completed in less than five months is because the personal representative must give a notice to creditors and then wait four months before the probate can be closed. 

Can I sell real estate or personal property during probate?

Yes, absolutely. You may need to sell it in order to settle the estate.