When is Probate Necessary?
A frequent question I’m asked as an estate planning attorney is “When is probate really necessary?” As with many estate planning questions, the answer depends upon the specific laws of the state where you live at the time of your death, as well as the laws of any other state where you own real estate. Here is a general list of reasons why an estate will need to be probated.Assets owned in the decedent’s sole name If the decedent owned any property in his or her sole name, without any other owners or a payable on death or similar type of designation, then in most cases the property will need to be probated in order to get it out of the decedent’s name and into the names of the decedent’s beneficiaries. An exception in some states is a motor vehicle. For example, in both Florida and Tennessee, a motor vehicle can be transferred to the decedent’s heirs at law without opening a probate estate. Aside from this, some
Probate is not always necessary in Arizona after a person dies. When a resident of Arizona dies, there are two primary reasons to probate the decedent’s estate with an Arizona probate court: 1. The decedent has assets that cannot be transferred to the decedent’s heir(s) without a probate, and/or 2. The estate of the decedent desires to eliminate or reduce the claims that creditors may make against the estate. Under Arizona law the general rule is that creditors who do not file a formal claim with the estate within four months after the publication of a notice to creditors are barred forever of bringing their claims. For more information on probate in Arizona, Scottsdale, Phoenix, Tempe, Chandler, Mesa, Glendale, Surprise, Sun City, and all of Maricopa County, please contact Leary and Wence, Mesa Probate Attorneys at (480) 388-3173.
