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In Arizona, probate is required when an estate is worth more than $75,000. If the estate is worth less than that amount, the beneficiaries can file a Small Estate Affidavit to claim their inheritance without going through probate.
Under current Arizona law, small estates are defined as those in which the deceased owned less than $100,000 in real estate equity or less than $75,000 worth of personal property. For estates over this size, probate is typically required, and those estates will not be eligible for the small estate affidavit process.
Step 1 Petition for Probate (Form DE-111, Judicial Council), and all attachments, Original Will (if there is one) Notice of Petition to Administer Estate (Form DE-121, Judicial Council) Duties and Liabilities of Personal Representative (Form DE-147, Judicial Council) Order for Probate (Form DE-140, Judicial Council)
For more information read California Probate Code Section 17200. The law says the trustee or any interested person can file a petition if: The trustee has or holds title to real or personal property, and another person makes a claim against all or some part of that property.
Is Probate Required in Arizona? Probate is required in Arizona unless the decedent has a trust or listed beneficiaries for all assets. There is one exception to this rule, which is for estates with personal property valued at less than $75,000 and real property under $100,000.
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Four Types of Assets That Are Subject to Probate In Arizona Vehicles, real estate property, and other assets held in a title solely by the decedent (deceased person) are all subject to probate under Arizona law. This includes real estate property owned by both the decedent and another individual as tenants in common.
Starting from the date of death, the executors have 12 months before they have to start distributing the estate. This allows time to gather information on the estate and check for potential claims. The executors have no obligation to distribute the estate before the end of the year.
What is the 850/Heggstad Petition Procedure? 1: Gather supporting documentation. 2: Take supporting documentation to an experienced probate attorney. 3: Work with a probate lawyer to draft and file the 850/Heggstad Petition forms California requires. 4: Attend 850/Heggstad Petition hearing with your lawyer.
The initial petition that you will need to fill out to start the probate process is Form DE-111. You can find the form here Form DE-111. This form will be filed with the court to start the probate process and get a personal representative or executor appointed to the case.
Without opening probate, any assets titled in the decedents name, including real estate and vehicles, will remain in the decedents name for an indefinite period of time. This prevents you from selling them to pay off debts, distributing them to the beneficiaries, or keeping registration current.

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