Understanding the Probate Process in Arizona
Arizona uses a process called “probate” both to carry out the instructions in a deceased person’s will and to deal with an estate left by a person who died without a will (known as dying “intestate”). The probate process is carried out in probate court.
What is the Probate Process?
Probate begins when a petition to open the estate is filed in probate court. Usually, this petition is filed by the person named as “personal representative” in the will, or a person who seeks to be named personal representative. If a petition is not filed within 45 days of death, any of the deceased person’s creditors may file a petition to open the probate estate.
One of the first steps the court takes is to make sure the will is valid under Arizona law. Arizona has several specific rules to establish the validity of a will. If the will is in order, the probate court will generally appoint the personal representative and issue legal documents known as “Letters” that give the personal representative the authority to carry out the instructions in the will, pay the estate’s remaining debts, and wrap up the affairs of the estate.
Although probate can go forward without a will, the process is easier with one, and it also gives you an opportunity to specify what you want done with your property and who should be your personal representative when you are gone. At Mushkatel, Gobbato, & Kile, P.L.L.C., our skilled Arizona estate attorneys can help you create an estate plan that will fulfill your final wishes and take care of those you love. Contact us today by calling (480) 467-3434 for a confidential consultation.
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About the Author
Zachary Mushkatel is a founding attorney of Mushkatel, Gobbato, & Kile, P.L.L.C., who has practiced law in Arizona since 2004. He also practices before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit. A graduate of the University of Arizona and the University of Minnesota Law School, he started his career as a public defender and entered private practice in criminal defense. In 2008, Zachary co-founded a firm dedicated to civil law in addition to criminal defense, and he has since expanded his practice to personal injury, estate planning and litigation, guardianships, conservatorships, probate, corporate litigation, real estate, and various civil matters. He serves on the board and faculty of the Arizona College of Trial Advocacy, and he is a past president and current member of the West Maricopa County Bar Association.
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