What Happens if Probate Is Started But Not Finished in Arizona?

We will be talking in this blog about what happens if a probate is started but not finished in Arizona? Did you know that 55% of the citizens of the United States die without any will or estate planning in place? In other words, it is actually only a minority of people who legally prepare for their deaths.

But don't think that this means that it is okay to ignore questions of a will or probate. By not handling these things while alive, these people end up leaving the complexities of the legal situation to their families to figure out. The lack of strategy will cause their family to waste money and make the process more time consuming.

Finding the best probate, estate planning attorney Chandler, AZ has to offer can help with the difficulty of managing this difficult time. Read on to learn about probate, and what happens if someone doesn't finish it!

What Is Probate?

Preparing a will and estate plan is what you do before someone dies. Probate is the process of handling those documents and their execution after someone has died. It is the process of handling someones estate with or without an estate planning strategy in place.

This probate definition includes things like legally proving that a particular will is valid.

Probate also includes things like tallying up the value of the property of the deceased person or doing the inventory of the whole estate. It can also include things like paying off old debts. Finally, it involves distributing the remaining property according to the intentions of the deceased. The probate process will usually last 6 months, but most processes last up to 1 year, if not longer.

Whose Job Is It to Manage Probate?

In most cases, the executor of the will shall handle the probate process. If the deceased did not prepare a will that named an executor, then it can be more complicated. Often, the court will pick somebody to manage the probate in those cases.

Usually, the court will pick someone who is competent and closely related to the deceased. A qualified legal firm will also often help with the process.

Can You Have Probate Without a Will?

At the end of the day, the property of the deceased has to go somewhere. If there is not a will that designates where that property should go, then the court will decide.

The probate process without a will can include a lot of arguing amongst family members. A Living Trust can drastically decrease the stress of this difficult time and most likely eliminate the probate process all together. For complex estates or family dynamics a Dynasty Trust may even be more appropriate.

What Happens if You Don't Finish Your Probate?

But what if a family is going through probate with a will, but the executor is not finishing the process? In some cases, the executor can be held liable for not doing the required probate job.

Since the beneficiaries of the will may not be receiving their property, those beneficiaries may have standing to sue the executor.

Carefully Handle Probate, Estate Planning Attorney Chandler, AZ

We hope that you were able to learn something about the what happens if a probate is started but not finished in Arizona. When a family member has passed away, it is a very stressful time, and it helps to have professionals to help you manage the legal complexities.

To learn more about probate, estate planning, and more, you can reach out to us here! Citadel Law Firm PLLC will be pleased to help. Call (480)565-8020 or click here to schedule your free consultation today.