4.8/5 based on 35 reviews.

Sudden Wealth Blog

What Is Probate and Why Do You Want to Avoid It?

What is Probate?

A common tip you hear about when preparing for the unexpected is to get a last will and testament. Your will outlines how you want your assets distributed if something happens to you. It includes who gets what, and in what amount. The will can also name a guardian of your children. That can be important if both parents were to die while the children were under 18. However, if you are relying on a Will to state your final wishes, then you are making is necessary for your loved ones to go through probate.

You might think that once you’ve created a will, everything just goes to the people you want. The truth is that a will is often not enough. There are many reasons your loved ones might need to do probate might. If there are any holes in the will, the people you leave behind might need to go to court. For example, someone might believe another person coerced you to write the will. Someone might believe you weren’t competent to sign the will. Or someone misled you to sign the will. The allegations don’t even have to be true. All it takes is for someone to believe them. Then your estate goes through a lengthy probate process.

What Is Probate?

When a person dies, their assets may need to enter probate. This is a holding place for the estate until the court determines what needs to happen. If there was a will, the probate process proves that the will is valid. If there was no will, then the Arizona Probate Code governs what happens.. Or the court could determine that something else needs to happen. . Beneficiaries and others get to contest the will or the actions of the personal representative. They also get to argue that something was not included in the will.

There are many reasons your loved ones might contest your will. For example, a child or grandchild was born since you last updated your will. Other life changes that deem a will invalid could be divorce, death, or a new marriage. Also, no one gets any money until the probate process is over.

How Long Does a Will Get Tied Up in Court?

The probate process can be very short. That’s especially true if a will spells out everything in detail. But if someone contests the will, the process becomes much more lengthy and expensive. Meanwhile, your beneficiaries will waiting on the money from your will. They won’t be able to pay their mortgage and everyday bills until it’s all resolved.

If the assets get tied up in probate, it is unpredictable how long beneficiaries might have to wait. Your loved ones will be paying for lawyers and waiting months, even years, to get your inheritance. This can feel frustrating and wasteful for them.

How Do You Avoid Probate?

Making the will as detailed as possible will cut the tine for the probate process. For example, if you want to leave someone out of your will, include a reason for doing this. That will help clear up any arguments.

You can also create a revocable living trust. A trust allows you to control your assets while you’re living. It will also appoint a trustee to carry out your wishes once die. Distributing assets will continue you as you specified in the trust document, with no risk of probate.

When Must an Estate Go Through the Probate Process?

Generally, probate is required in most states for estates with assets above a certain value, unless the estate includes only certain kinds of property that can be transferred outside the court’s jurisdiction. Assets that typically avoid probate include life insurance policies with named beneficiaries, or joint tenancy accounts. It’s important to understand your state’s rules and regulations before deciding whether or not to proceed with a probate.

Who is Involved in the Probate Process?

The most important players in the probate process are the personal representative (executor), heirs or beneficiaries of the estate, and any creditors. The personal representative is appointed by the court and is responsible for administering the estate following the rules and regulations prescribed by state law. Heirs and beneficiaries receive any assets that may be left according to their right to inheritance under state laws. Any debts must be paid off first before any distribution of assets can take place. Creditors are parties owed money who can file claims against an estate during probate.

What are the Benefits of Going Through Probate?

Going through probate can be beneficial for the deceased’s heirs and beneficiaries. It simplifies the distribution of assets and ensures that all legal requirements are met. Additionally, probate can help resolve disputes between surviving family members by clarifying the deceased individual’s wishes. Finally, going through probate ensures that creditors have an opportunity to file claims against the estate before heirs or beneficiaries receive their inheritance. The benefit to the family is that once they receive their inheritance, they don’t need to worry about the deceased loved one’s creditors coming after them.

Let Us Help You With Your Probate.

You do not have to figure out your estate planning needs by yourself. We’re here to help. Call us at 602-443-4888. Or you can schedule a Strategy Session HERE. We can help you gain peace of mind knowing you have protected yourself and your loved ones.


Founding attorney Paul Deloughery has been an attorney since 1998, became a Certified Family Wealth Advisor. He is also the founder of Sudden Wealth Protection Law.