What is probate?
Probate is a legal process that takes place after someone dies. It includes:
- proving in court that a deceased person's Will is valid
- OR proving that a specific person or set of people should be granted the right to settle the affairs of a deceased person who died without a Will
- identifying and inventorying the deceased person's property
- having the property appraised or otherwise valued
- paying debts and taxes, and
- distributing the remaining property as the will (or state law, if there is no will) directs.
Typically, probate involves the filing of paperwork in court which can include the need for appearances by lawyers. The lawyers and court fees are paid from estate property, which would otherwise go to the people who inherit the deceased person's property.
Even if you have a Will, if you own real property in Arizona, chances are that your heirs will have to go through probate to settle your estate. This can be avoided by having a Trust.
