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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At the Wood Law Firm, we are committed to providing affordable legal services including estate planning, wills, probate, guardianship, conservatorship and elder law matters to those in Tucson and the surrounding community.
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