Nov 28, 2021
The Responsibilities of an Executor in Saskatchewan
You are ensuring that your loved one’s last wishes are carried out and that their belongings are properly taken care of.
It's important to understand the rules surrounding probate in Arizona. This can help guide you if you are currently going through estate planning. It can also help you and your family members understand the estate settlement process. Specifically, it's important for heirs, survivors and other interested parties to understand when probate court is necessary.
We regularly share relevant information about wills and estates.
In Arizona, an estate goes through probate court if someone dies and leaves behind assets that don't transfer automatically to their heirs. If you leave behind this type of asset, the title remains in your name and your beneficiary will have to go through probate court to obtain a transfer of title.
Here are some assets that could be subject to probate court in Arizona:
A judge transfers title ownership through probate court for these assets. If the decedent has a will, probate assets can typically transfer smoothly to intended beneficiaries with the help of an estate executor.
If someone dies intestate, or without a will, assets are passed to legal heirs using Arizona's probate laws of succession. This can be a lengthy process that leaves family members with little control over the estate settlement.
Arizona intestacy law gives preference to your surviving spouse and children (ARS 14-2102). If you die without leaving behind a spouse or child, your estate can pass to your parents, siblings or extended living family members. (ARS 14-2103). In rare cases, if there are no living family members, the state may take possession of the assets. (ARS 14-2105).
It's important to ensure that you leave behind a valid will to avoid delays and confusion. There are also ways to simplify an estate in order to shorten probate or avoid it altogether, and there are certain assets that don’t have to go through probate at all. Here’s a rundown of strategies on avoiding probate:
Do you still have questions about what assets go through probate? For comprehensive estate planning and estate settlement services, contact ClearState for a free consultation today.