Arizona Only: Common Questions About Estates & Probate In Arizona

Author: Scott David Stewart, Stewart Law Group

Source: Lawyers.com

Read Time: 3 Min

 

In this brief article, attorney Scott David Stewart outlines the fundamentals of the Arizona  Probate process.  Topics include:

• Who serves as the executor?
• How are the decedent’s (now the estate’s) debt’s handled?
• How does probate close?

Additionally, Mr. Stewart addresses the question, “Can an heir of an estate receive distribution before the close of the probate?”

For any Arizona executor, or a beneficiary looking to get a grasp of the process ahead, this article is a good place to start.

Summary:

Probate is a legal process that oversees the administration of a deceased person’s estate, whether or not a will exists. It is designed to facilitate the orderly distribution of assets, but it can be complex and challenging to navigate without experience.

When someone dies without a will, their estate is considered “intestate,” and state law determines who acts as executor and who inherits. Typically, the next of kin inherit, though exceptions exist depending on the circumstances. Conversely, if the decedent has a valid will, they designate an executor to administer the estate. This person must petition the probate court for letters testamentary, the court order granting legal authority to manage the estate, marshal assets, and ensure proper distribution to beneficiaries.

Who Can Serve as Executor?
Letters testamentary outline the powers granted to the executor, which can range from broad authority to limited actions requiring court approval. When choosing an executor, it is common to select a trusted friend, relative, or child who understands family dynamics and the decedent’s wishes. If family conflicts exist, a more distant relative, close friend, or professional fiduciary may be a better choice.

Handling Estate Bills
Before probate concludes, the executor must address the estate’s debts, such as mortgages, loans, credit card balances, medical expenses, and taxes. Creditors are notified during the probate process, and the executor ensures legitimate claims are paid. Failure to address debts properly can result in personal liability for the executor, though they are not responsible for paying with personal funds.

Early Distributions
In some cases, a beneficiary may need funds before probate concludes. With court approval or legal guidance, partial distributions can be made, minimizing the executor’s liability while adhering to the law and the will’s terms.

Closing Probate
Probate closes after assets are identified, debts and taxes paid, and a distribution plan submitted to the court. This plan often includes an accounting of assets, expenses, executor fees, and any income earned. Once approved, the executor distributes assets and transfers titles.

Probate ensures estates are managed lawfully, but it can be complicated. As Mr. Stewart advises, working with an experienced probate attorney, such as one of our Phoenix lawyers, helps safeguard against errors and ensures that the decedent’s wishes are honored.