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The 3 types of probate in Arizona

If you have been named the executor of an estate in Arizona, you may be worried about dealing with the probate process. Handling the estate of a decedent can seem very overwhelming and complicated. You may have heard stories of other people spending countless hours trying to navigate state requirements and courtroom procedures.

Fortunately, there is nothing stopping you from finding the help you need to deal with Arizona’s probate laws. An experienced attorney in the Scottsdale area can help you maneuver through the court as you close out a decedent’s estate. Read further for information on the three types of probate in Arizona.

Type 1: Informal Probate

During an informal probate process, there is usually only a minor amount of court involvement. Usually, you will not have to worry about visiting the courthouse and there will not be a judge questioning every action you take.

There are only very specific people that can apply for an informal probate process in Arizona. The decedent’s surviving spouse, a child that has reached his or her majority, or a parent can apply for an informal proceeding. Brothers, sisters, half siblings and any heirs can also file for informal probate. A probate attorney can provide information on other qualified individuals that the court will allow to apply for the informal process.

Type 2: Formal Probate

If you have to go through the formal probate process, a judge will oversee the proceedings. Furthermore, you may have to attend more than one hearing on various probate issues.

The formal process may be necessary if the will seems like it might have validity issues. If the court has to select a personal representative for the estate, a formal hearing is required. Other reasons for the formal process include a lack of obvious heirs and if there are certain assets that require court guidance.

Type 3: Supervised Probate

During supervised probate, the court more or less directs the entire process. From approving attorneys to dealing with lenders, the court is in charge of supervising the closing out of the estate. This is different from a formal probate in that it is completely court controlled. The formal process, on the other hand, is only partially overseen by the court.

If you are the executor of a will, you may be concerned about the probate process. In order to ease the strain of the endeavor, it is important to speak with someone experienced with handling probate cases.

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