When a loved one passes away, one of the first legal questions families face is whether probate will be required. Probate is the court-supervised process of settling a deceased person’s estate—ensuring debts are paid and assets are distributed according to a will or, if there is no will, according to Arizona law. But does every estate in Marana need to go through probate? The short answer: not always.
When Probate Is Required in Marana
Probate is generally necessary if:
- Assets are solely in the deceased’s name – For example, a house, bank account, or vehicle without a joint owner or beneficiary.
- The estate’s total value exceeds certain limits – In Arizona, if personal property exceeds $75,000 or real estate exceeds $100,000, probate is usually required.
- There are disputes among heirs – If beneficiaries disagree over asset distribution, the court may need to step in.
When Probate May Not Be Necessary
Some estates can avoid probate altogether if assets are:
- In a living trust – Properly titled assets in a revocable living trust pass directly to beneficiaries without court involvement.
- Owned jointly with right of survivorship – Property automatically transfers to the surviving co-owner.
- Assigned to a named beneficiary – Life insurance, retirement accounts, and payable-on-death (POD) accounts typically bypass probate.
- Small estates – Arizona has a simplified process for smaller estates under the thresholds mentioned above.
Why Knowing Matters
Understanding whether probate is required can save your family time, money, and stress during an already difficult period. Consulting with a probate attorney or estate planning professional in Marana can help determine the best course of action for your specific situation.
How This Ties Into Real Estate
In many cases, the largest asset in an estate is a home. If the property needs to be sold during probate, working with a local real estate professional who understands probate sales is crucial. A knowledgeable Marana Realtor can help navigate the legal requirements, market the property effectively, and ensure a smooth transaction.
Ryan Comstock – Your Marana Probate & Real Estate Resource
If you have questions about selling a home during probate or need guidance on the process in Marana, I’m here to help.
📞 (520) 261-4669
🌐 www.ryancomstock.com