by Richard C. Keyt, Arizona probate attorney
The purpose of this article is to help people understand the issues that arise when it becomes necessary to open an Arizona probate for the estate of a deceased resident of Sun City, Arizona, or Sun City West, Arizona. Here’s what you need to know:
- If no assets remain in the name of the deceased Sun City resident after death then a probate is not necessary unless its purpose is to publish a notice to creditors to cut off claims against the estate from creditors who fail to make a claim within the four month claim period. For example, if a married person owns a home that is titled as community property with right of survivorship, joint tenants with right of survivorship or that is subject to a recorded beneficiary deed that transfers the decedent’s interest in the real estate on death, the interest of the deceased in the home transfers automatically on death and the home is not an asset of the estate subject to probate.
- If the total value of personal property that remains in the name of the deceased Sun City resident is less than $75,000, the heir(s) can prepare a Small Estate Affidavit for Personal Property and collect the personal property without the need for a probate. See How to Hire Us for an Arizona Probate or Small Estate Affidavit.
- If the total value of real property that remains in the name of the deceased Sun City resident is less than $100,000, the heir(s) can prepare a Small Estate Affidavit for Real Property and record a deed to the real property without the need for a probate. See How to Hire Us for an Arizona Probate or Small Estate Affidavit.
- If the deceased Sun City resident has personal property valued at more than $75,000 and/or real estate valued at more than $100,000 that remains in his or her name after death the heir(s) must open a probate and get a family member appointed as the personal representative of the to collect the assets of the deceased, pay the deceased’s creditors and distribute the assets to the rightful heir(s).
- People hire us to be the attorney for the personal representative (aka executor) of the estate of deceased Sun City residents. We make the entire process simple and painless for our clients who have the peace-of-mind knowing their probate is handled by experienced professionals.
- We typically charge $2,500 – $3,000 for an uncontested probate. We ask for a $2,500 security deposit, which amount can be reimbursed by the estate to the personal representative.
- If the personal representative (executor) lives outside Arizona the probate can usually be completed without the need for the person to come to Arizona.
- Once hired, it is normally one to two weeks before the court appoints the personal representative.
- As soon as the court appoints the personal representative he or she can collect assets from banks and financial institutions and sign a deed to transfer real property owned by the estate.
- Uncontested Arizona probates usually take five or six months from start to finish because we have to publish a notice to creditors and wait four months to see if any creditors make a claim against the estate.
If you have any questions, please call me, Richard C. Keyt, at 480-664-7472 or send me an email to [email protected]. I don’t charge to answer questions about Arizona probates or small estate affidavits.
To hire us to prepare an affidavit for a small estate or to open a probate for the estate of a deceased resident of Sun City, Arizona, or Sun City West, Arizona go to our page called How to Hire Us for an Arizona Probate or Small Estate Affidavit.