What makes a Probate necessary in Arizona?

  • When at least $75,000 in personal property or $100,000 in real estate passes through the decedent’s estate rather than to another owner with the right of survivorship, or by designation.
  • When a creditor or an heir of the decedent petition the Court.
  • When there are legal actions stemming from the decedent’s death, or to determine title to property alleged to belong to the estate.

Probate can be triggered by a single asset that passes through a decedent’s probate estate,  in other words, through the Will or by intestate succession. For example, the decedent had been careful to designate beneficiaries on financial accounts, but had neglected to re-title his home in a way that would enable it to pass as a “non-probate asset.” It would have been relatively easy and inexpensive to handle this situation during the decedent’s lifetime. If left undone, a probate of the estate could be required.

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