Estate Law

Probate

We handle the file. You handle the family.

Probate is paperwork on a deadline. We open the estate, publish notice, deal with creditors, marshal assets, account to the court, and close the matter as quickly as the statute allows.

Arizona probate is structured to be navigable. The informal probate procedure under A.R.S. § 14-3301 allows most estates — those with a valid will, cooperative heirs, and no contested issues — to be administered entirely by application and paperwork, without court appearances. A personal representative is appointed by the registrar, letters are issued, notice is published and mailed to creditors, an inventory is prepared, claims are resolved, and the estate is closed by a sworn statement. The whole sequence typically runs six to nine months from filing to closing for an uncomplicated estate. Formal probate, by contrast, is supervised by a judge and is required when the will is contested, when the appropriateness of the personal representative is disputed, when heirs are unknown or minors, or when the personal representative or an interested party requests it. We handle both, and we screen new matters at the first meeting to determine which path is appropriate.

Several Arizona-specific tools can avoid probate altogether or dramatically simplify it. The small-estate affidavit for personal property under A.R.S. § 14-3971 allows transfer of personalty up to a statutory threshold without any court involvement, by sworn affidavit thirty days after death. The small-estate affidavit for real property under § 14-3972 allows transfer of real estate up to a separate threshold by affidavit six months after death. Beneficiary deeds recorded during the decedent's life pass title outside probate entirely on production of a death certificate. Pay-on-death and transfer-on-death designations on bank and brokerage accounts do the same. We evaluate every potential probate matter against these alternatives before opening a formal estate, because the cheapest probate is the one that does not have to be opened.

Will contests and trust disputes are a separate category of probate work, and they are litigated under Arizona's adversarial probate procedures with full discovery and trial rights. Capacity challenges require medical evidence and often expert testimony from a geriatric psychiatrist or neurologist. Undue-influence claims turn on circumstantial evidence — confidential relationships, suspicious circumstances surrounding the execution, unnatural dispositions, and the role of the alleged influencer in arranging counsel and witnesses. The statute of limitations for contesting a probated will is short — generally four months from the formal probate notice — and the consequences of missing it are absolute. We move quickly when a contest is contemplated, and we screen candidly: many suspected undue-influence cases turn out, on investigation, to lack the evidentiary support a court would require. When the evidence is there, we prosecute aggressively. When it is not, we tell the client so before they incur fees pursuing a claim that will not succeed.

At a glance

  • Informal, formal, and supervised probate experience.
  • Will contests and trust disputes — prosecution and defense.
  • Trust administration support for successor trustees.
  • Ancillary probate for out-of-state property owners.

Informal vs. formal

Most Arizona estates qualify for informal probate — faster, cheaper, and entirely paper. Contested matters proceed formally, with hearings and a judge.

Trust administration

If your loved one had a funded trust, no court filing is required — but successor trustees still have duties. We guide you through them.

Personal representative duties

Notice to creditors, inventory, valuation, accountings, tax filings, and final distribution — each on its own deadline. We track them so you do not have to.

Will contests and trust disputes

Capacity, undue influence, fraud, and improper execution claims — we prosecute and defend them under Title 14.

Small estates

Estates below the small-estate thresholds can often be transferred by affidavit — no probate at all. We screen for this option first.

Representative results

Past outcomes do not guarantee a future result. Details are generalized to preserve client confidentiality.

  • Closed an informal probate for an East Valley estate within seven months, including resolution of two creditor claims.
  • Defended a will against a capacity challenge brought by a disinherited adult child; will admitted as written.
  • Recovered estate assets transferred under suspected undue influence in the decedent's final months.

Common mistakes to avoid

  • Distributing assets to heirs before creditor notice deadlines run.
  • Acting as personal representative without letters — third parties will refuse to deal with you.
  • Treating jointly titled accounts as 'estate assets' or vice versa; titling controls.

Fees

Informal probate is typically billed as a flat fee. Contested matters and will contests are billed hourly with a written estimate.

How a case moves through our office

  1. 01

    Open the estate

    Application or petition filed; personal representative appointed; letters issued.

  2. 02

    Notice and inventory

    Creditors noticed; inventory prepared and served on heirs.

  3. 03

    Administration

    Claims resolved, assets marshaled, taxes addressed.

  4. 04

    Close

    Final accounting, distribution, and discharge.

Governing law

A.R.S. § 14-3301
Informal probate — application and appointment.
A.R.S. § 14-3971
Small-estate affidavits for personal property.
A.R.S. § 14-3972
Small-estate affidavits for real property.

Citations are general references, not legal advice. Statutes are amended; consult counsel for the current text as it applies to your matter.

Common questions

How long does Arizona probate take?
An informal probate with cooperative heirs is often six to nine months. Contested matters take longer.
Do all estates require probate?
No. Assets held in trust, joint tenancy, beneficiary designation, or under the small-estate affidavit limits pass without probate.
Can I be paid for serving as PR?
Yes — reasonable compensation is allowed and approved by the court when contested.
What if there is no will?
Arizona's intestate-succession statutes control distribution. We handle intestate estates regularly.
Can a will be challenged?
Yes — on capacity, undue influence, fraud, or execution grounds, generally within four months of formal probate notice.

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