Informal Probate

Informal probate is a streamlined process designed for estates where the will is uncontested, and no disputes are expected among heirs. This type of probate typically occurs when there’s no doubt about the authenticity of the will, and there’s agreement on how the estate will be distributed. In Arizona, informal probate can save both time and money as it avoids many of the formalities required in a formal probate proceeding.

If the Deceased died without complete estate planning and owned more than $100,000 in real property or more than $75,000 in personal property, probate may be required. Arizona has three ways to probate an estate – informal, formal, and supervised. Informal probate is the simplest and most cost-effective probate.

Advantages of Informal Probate in Arizona

There are several advantages to choosing informal probate for estate administration:

1. Faster Process: Informal probate generally takes less time than formal probate, allowing the heirs to receive their inheritances sooner.
2. Cost-Effective: Fewer court appearances and legal formalities mean lower attorney fees and court costs.
3. Simplified Procedures: The personal representative has more freedom to administer the estate without needing constant court supervision.

These benefits make informal probate an appealing option for smaller, less complex estates.

Requirements and Process for Informal Probate

Informal probate requires that the deceased had a valid will at the time of death that has not been challenged and died less than 2 years before probate is opened. In an informal probate process, a personal representative is appointed by the court to administer the estate with minimal court supervision. The administration typically involves inventorying and appraising the estate for the heirs, disclosing and paying all creditors, filing a final set of taxes, and distributing the estate pursuant to the terms of the will. The process typically takes 5-8 months.

When Informal Probate May Not Be Suitable

While informal probate can be a simpler process, it may not be suitable in certain situations:

• Disputed Wills: If there is any question about the legitimacy of the will or its contents, formal probate may be required.
• Complex Estate: Estates with significant debts, multiple properties, or complex assets may require the oversight of formal probate.
• Heir Disagreements: If heirs are not in agreement over the distribution of assets, formal probate provides a more structured framework to resolve disputes.

At Kierman Law, we understand that the probate process can be overwhelming. Whether you need assistance determining whether informal probate is right for your loved one’s estate or navigating the legal steps required, we can provide the guidance and support you need. If you need assistance navigating the informal probate process in Arizona, please give Kierman Law a call.