The Probate Process

While probate is often associated with high expenses and drawn-out legal timelines, the process doesn’t have to be overly complex. Here at Walk-In Wills, we help residents of Chandler, AZ create effective estate plans that minimize the impact of probate. We can even help you secure the right tools to avoid probate altogether.

What Happens During Probate?

In general, executors must perform six crucial tasks during the probate process:

File a Petition with the Court – To file a petition, the executor must complete essential paperwork and submit it to the court where the deceased lived. The court will also need the deceased’s will and their death certificate.
Provide Notice to Creditors and Beneficiaries – Next, the executor must notify all relevant parties, as well as publish a notice in the local newspaper when applicable.
Gather Assets – Assets include financial accounts, vehicles, property, stocks, collectibles, and all other items. Once the assets have been inventoried, you must provide a list to the court.
Settle Outstanding Debts – Executors must pay off any outstanding debts with the proceeds of the estate. The remaining funds can then be provided to beneficiaries.
Provide Assets to Beneficiaries – Beneficiaries must receive assets according to the directives laid out in the will (provided funds remain after settling debts).
Settle the Estate – Once all the above steps are completed, the executor can then settle the estate with the court.

The majority of wills do go through probate. That’s why it’s so crucial to draft a valid and legally binding will. The more comprehensive a will is, the quicker and more affordable the probate process will be.

Frequently Asked Questions

1. What steps are involved in the probate process in Arizona?

Probate generally starts with the executor filing a petition with the court and providing the deceased’s will and death certificate. From there, the executor notifies beneficiaries and creditors, inventories estate assets, settles outstanding debts, distributes what’s left according to the will, and finally closes the estate with the court. These are the basic stages most estates go through under Arizona law.

2. How does Walk‑In Wills support families during probate?

Walk‑In Wills helps clients in Chandler by reviewing each step of the probate journey, explaining what papers and deadlines matter, and helping executors understand their duties. This guidance can make the process much smoother and less overwhelming for loved ones handling probate for the first time.

3. Can probate be avoided or simplified?

Yes. With proper estate planning, including trusts and beneficiary designations, many assets can pass outside of probate. Walk‑In Wills works with clients to build plans that reduce the need for probate or make it less complicated if it can’t be avoided.

4. Why is having a valid will important before probate begins?

A well‑drafted will that meets all Arizona legal requirements helps ensure the probate process is quicker and less expensive. It clearly shows the deceased’s wishes for asset distribution and reduces the chances of disputes or delays in court. Walk‑In Wills can help you prepare or update your will to meet these needs.

How Can You Minimize Complications During Probate?

Developing a trust can help you avoid probate, as assets held in trusts pass directly to named heirs. Similarly, some assets naturally avoid probate, including retirement accounts and life insurance policies. These assets come with beneficiary designation forms, which allow you to specify who should receive an asset and how much of it they should receive.

In order to make probate as painless as possible, we encourage you to discuss your needs with Walk-In Wills today. Our skilled estate planning attorneys can review your unique situation to help you make the best possible decision going forward.