5 Steps to Probate in Arizona with a Will
Step 1: Verify the Will and Assign a Personal Representative
The judge will confirm the death certificate and if the deceased left a will, the judge will verify that it is the most recent version of assets signed by the deceased. The court will then approve who will be the estate’s personal representative. This individual will be the legal issuer with full authority to act as the representative of the deceased. They will also be issued a certified document known as the “letters testamentary.”
Step 2: Assemble a List of the Deceased Assets
The court will require the personal representative to take inventory of the deceased assets. The purpose is to take inventory of the assets or the value at the time of the deceased’s passing that is referred to as the “date of death value.” Depending on the circumstances the court may assign an assessor or the estate may hire an independent assessor.
Step 3: Assemble a List of the Deceased Liabilities
During this venture, the representative is required to gather the deceased pending liabilities. This includes funeral costs, medical bills, utility bills, credit cards, personal loans, etc. It also includes any costs during the process of the estate such as accounting and legal fees. Creditors with pending claims against the deceased will be notified of any claims against the assets. When the claims are received by the personal representative they can either accept or reject the claims. Lastly, the personal representative will be required to file an income tax return for the year the deceased passed away. Depending on the assets of the deceased the estate may be accountable for inheritance taxes or death taxes. If this were the case, estate taxes are usually due within 9 months of the deceased date of passing.
Step 4: Pay Liabilities
Once all is completed on the balance sheet including the estate assets and liabilities, the personal representative will pay for the deceased final openings in the following sequence:
- Administration costs
- Funeral costs
- Pending debts
- Taxes
- All other pending claims
Step 5: Distribute Estate Assets
For the majority of individuals, one of the first things on their mind when dealing with probate court is the final step of the actual probate process. Once all the previous steps are concluded the personal representative can petition to distribute the remaining balance of the deceased estate to the beneficiaries and successors, including the sale of real estate. If the deceased left precise instructions in the will and none of the beneficiaries dispute it, the process is fairly simple.
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