Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Arizona, probate follows either an informal (unsupervised) process or a formal (supervised) process. Both procedures transfer assets from a deceased person to heirs or beneficiaries, but they differ in court involvement, cost, and timing.
Informal Probate (Unsupervised)
Under Arizona law, informal probate is governed by A.R.S. §14-3701 (ars.14.03701). You file a petition with the probate clerk, notify heirs and creditors, and submit the original will (if any). If no one objects within 30 days, the clerk appoints a personal representative. The clerk handles estate administration without ongoing court hearings, reducing fees and delay. Informal probate suits simple estates with clear family relationships and uncontested wills.
Formal Probate (Supervised)
Formal probate, sometimes called supervised probate, is governed by A.R.S. §14-3201 and §14-3401 (ars.14.03201, ars.14.03401). You must file a petition, serve notice, and attend court hearings. The judge reviews the will’s validity, approves financial reports, and issues orders at key steps—inventory approval, creditor resolution, and final distribution. Courts closely supervise administration. Supervised probate is advisable when heirs dispute the will, the estate holds complex assets, or guardianships and conservatorships exist.
Key distinctions:
- Court oversight: Informal relies on clerk supervision; formal involves judge hearings.
- Timeframe: Informal closes faster if uncontested; formal may take longer due to scheduled hearings.
- Cost: Informal generally costs less in filing fees and attorney fees.
- Use cases: Choose informal for straightforward estates; choose formal when disputes or complexities arise.
Helpful Hints
- Review the will and family tree before choosing a probate route.
- Check A.R.S. §14-3701 for informal petition requirements.
- Consider formal probate if any heir may contest the will.
- Gather asset valuations early to streamline inventory and accounting.
- Consult an attorney for estates exceeding $75,000 or with out-of-state assets.