My parent’s estate is going through probate

25 Nov My Parent’s Estate Is Going Through Probate–What Can I Expect?

Posted at 16:57h
in Probate
by Phelps LaClair Law
When one of your parents dies, it is a devastating loss. It can be overwhelming to be named executor of the estate when you are grieving. You probably have hundreds of thoughts running through your head, which adds to your stress. Where do you begin? What can you expect when dealing with the

probate procedure? What are your responsibilities as an executor? Take a deep breathe. We’re here to assist you. Handling your parent’s estate as it goes through probate

How much time the probate process will take depends on how large the estate is, the number of assets and whether someone contests the Will. This process usually takes about a year for most estates.

However if the estate must go through

formal probate

, it can take even more time. Formal probate is required (instead informal) when someone challenges a will or there’s a dispute over who should be executor. It also happens when no will is present (this is called dying intestate). First, locate and read your will. Find out if you have to petition the court in order to be appointed as an executor. Arizona probate procedures

are usually handled by the Superior Court of the county in which your parent lived. To begin the process, you’ll need to submit a copy of the will (if there is one) to the probate court. You’ll also need to file a petition with the court asking for the court to appoint your as executor. If no objections are raised, the probate process will proceed. The court will determine first if the will has validity. Then they will appoint you as executor (or personal representative) and you’ll be responsible for managing the estate.

What to Do As the Executor of an EstateStep 1: Provide Notice to CreditorsArizona law states that at the time of appointment a personal representative needs to publish a

notice to creditors

. It is required that a personal representative publish a

notice to creditors at the time of appointment. You must also send a written notice to all known creditors. As executor, it is your responsibility to gather and list all assets of your parents and have them appraised

as necessary. Take as many notes as you can and make a thorough list. Gather documents such as bank statements, homeowner’s policies, mortgage information and current mileage for vehicles. Also, take photos of the assets and gather appraisal reports.

The assets in an estate can be numerous and quite diverse–here’s a list of the most common categories:Real Estate: Family home, vacation homes, rental properties, business properties

Vehicles

1. 1. 1. : Cars, trucks, boats, motorcycles, recreational vehicles, planesFinancial
      2. : checking and savings accounts, CDs, stocks, bonds, investment or brokerage accounts, money market accounts, cryptocurrency
      3. , etc.Business Interests: Shares, licenses Valuables
      4. : Jewelry, artwork, collections, antiques, safety deposit boxes, clothing, furniture, books, sentimental items
      5. Note: Certain assets do not have to go through probate. Exempt assets are property held in joint tenancy or retirement plans such as IRAs and 401Ks. They also include life insurance policies and bank accounts that have a beneficiary who receives the funds upon death. Step 3: Pay off Debts & Taxes

As the executor, it’s your responsibility to pay all of your parent’s outstanding debts. You’ll need to pay their medical bills, credit cards, mortgages and funeral costs. If your parent ran a business, then you will need to pay the employees’ wages, file taxes, and close any liens.

Speaking about taxes, a final income tax form for the year in which your parent died is also required. Arizona doesn’t have an estate tax

, but if your estate is worth more than $13,990,000.00 (for those who died in 2025), you will be charged a federal estate tax

. After all debts, business expenses, taxes and other costs have been paid, you can start distributing the remaining assets. You will have to divide the assets between the beneficiaries of your parents according to their will or court decisions.

If a beneficiary has questions about their inheritance or there are disputes over the inheritance, this could delay the process. If the will is contested, it can lead to a complex probate and litigation. However, if the will is not contested, your next steps are pretty straightforward: Value the remaining assets.Check the will to see how they should be distributed.Hand over physical property like cars and personal items.

Transfer titles and ownership for homes, vehicles, and other titled assets.

Transfer any cash, safety deposit box contents, investment accounts, and other monetary goods to the appropriate beneficiaries.

Settle any disputes with court approval. Step 5: Close the Estate

After the assets are distributed and the outstanding debts are paid, you can close the estate. This will require that all documentation be properly filed and archived. You will also need to file a court petition to close the probate.

1. 1. 1. Step 6: Deal with Possible Complications
      2. Sometimes there are complications that can delay the probate process. If the beneficiaries feel they are entitled to assets that they did not receive, they can contest the will. They can also contest actions taken by the executor. If creditors or other claimants are notified after the debts have been settled, the executor might need to review the payment of claims prior to distributing the assets. All of this can lead to delays in the legal process. On the other hand, it is easy to overlook important details that could cause future headaches. In the event that estate or income tax liabilities were not initially apparent, delays will occur. The executor’s job in distributing an inheritance requires careful attention to details, adherence to decedent’s wishes, or the court order, and compliance to applicable laws. You may need professional assistance. Consult a Probate expert to make handling your parent’s estate easier. We understand the pressures placed on an executor or trustee. Our experts can guide you through every aspect of administering a will. We want to relieve you of the burden so that you can stop worrying. Our fees are usually paid by the estate, so you will not be financially burdened.
      3. We would also be happy to assist you in utilizing instruments such as living trusts and LLCs, so that your estate can completely avoid probate. You can save your beneficiaries from expensive court fees as well as the delays that occur in the distribution of assets when a will is filed. Come see us to plan together for a better inheritance that is free of probate. Phelps LaClair is a family-owned and operated firm with offices in the Phoenix area. We have been serving Arizona families since several generations. We’ll ensure that your assets are in the right hands, at the right time without going through probate. used under the creative commons license

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