Is Probate Always Necessary? What Every Family Should Know
After the loss of a loved one, families often find themselves facing more than just grief — they face paperwork, legal questions, and uncertainty. One of the most common questions we hear at Citadel Law Firm is, “Do we have to go through probate?”
The short answer is — not always. Probate is sometimes required, but in many cases, Arizona law offers ways to avoid it. Knowing when probate applies can help families save time, costs, and worry.
What is Probate?
Probate is the legal process used to settle a person’s estate. It involves proving a will (if there is one), collecting and distributing assets, and paying debts. Probate also means involving the court, which may lead to delays and added expenses. In Arizona, probate records are public, which can catch families by surprise.
When is Probate Required?
Probate usually happens when someone passes away leaving assets solely in their name without a designated beneficiary. Arizona law also requires probate when:
- Personal property exceeds $75,000.
- Real estate exceeds $100,000.
For example, if someone owned a Chandler home worth $250,000 solely in their name, probate would likely be necessary to transfer ownership.
Avoiding Probate in Arizona
Many families can avoid probate with simple, thoughtful planning. Assets like life insurance, retirement accounts, and even bank accounts can pass directly to loved ones if beneficiary designations are in place. Joint ownership of property with rights of survivorship can also help avoid probate. Living trusts are another common way families in Arizona keep assets out of court.
Arizona also offers a Small Estate Affidavit process for estates valued under certain limits, which can help transfer property without going through formal probate.
With the right steps, many Arizona families discover that probate can either be simplified or avoided altogether.
Why Planning Ahead Matters
Arizona’s rules are straightforward, but they must be followed carefully. Preparing ahead of time gives families more control and helps avoid court involvement when possible. At Citadel Law Firm, we help families understand these options and make choices that suit their needs.
We Are Here to Help Arizona Families
Whether you want to prepare in advance or you are unsure whether probate applies to your situation, we are ready to help. Call us at 480-565-8020 to schedule a consultation and take the first step toward peace of mind.