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How Long Can an Estate Stay in Probate?

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If you ask how long an average probate process takes, the answer is “it all depends.” Every probate process differs state to state and by individual cases since the different provisions and procedures that might apply. Whereas there are ways to bypass probate, many states will make it a requirement it in specific situations. Keep reading to learn about the fundamental probate process and it’s timeline.

Comprehending Probate

Comprehending probate in Arizona involves understanding the legal process that oversees the distribution of a deceased individual’s assets. In the state of Arizona, probate proceedings are typically initiated when someone passes away, and their estate requires settlement. The process involves validating the deceased person’s will, identifying and appraising their assets, addressing outstanding debts, and distributing the remaining assets to the rightful heirs or beneficiaries. Arizona’s p11obate laws aim to ensure a fair and orderly distribution of assets while providing a transparent framework for resolving any disputes that may arise during the probate process. It’s essential for individuals to familiarize themselves with the specific regulations in Arizona to navigate probate proceedings efficiently and ensure the seamless transfer of assets in accordance with legal requirements.

The Probate Process: Categorizing and Administering Estates

Probate, that is a court supervised of categorizing and administering an individual’s estate, starts upon an individual’s passing. An individual may die by intestate or testate. If the individual dies testate, the property is going to be allocated to the beneficiaries designate in the deceased’s will. When the individual dies without a genuine will, the property will be allocated in accordance to state’s intestate laws of succession. In any case, the probate court will oversee supervising, allocation, and managing the deceased’s estate. The court will also oversee settling any legal challenges in regard to the estate or the legality of a will.

In a will, an individual typically names a particular individual as an executor, that will be responsible for administering the deceased’s affairs. If the deceased doesn’t name an executor or passes away intestate, the probate court will designate a personal representative to take on the executor obligations.

Probate Process Timeline

The probate process starts when the executor presents the will for probate in a probate court in which the deceased resided or owned property. The court will first gather all the deceased property. After that, the estate will settle any debts, claims, and taxes owed. Following the required paperwork being filed and approved, any leftover property will be allocated to the proper heirs.

Probate Costs and Fees

The probate process comprises of certain fees and costs, like attorney’s fees, the administrator or personal representative fees, and court costs. These fees usually come out of the deceased’s estate, making the heirs receiving less share of the estate. Since probate can be costly and lengthy, people are inclined to look at other options to bypass probate altogether.

Get a Case Review By a Probate Attorney

Going through the probate needs you to not only understand the legal concepts and requirements that are involved, but also know the state-specific regulations and methods. If you’re engaged in the probate process, get a case review by a knowledgeable probate attorney, that can assist you through the process and answer your questions.

Source:

  1. Probate Process and Timeline. (2017, August 14). Retrieved January 19, 2021, from https://estate.findlaw.com/probate/probate-process-and-timeline.html
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