Losing a loved one is never easy—especially when there’s no will left behind. If you’re in Tucson and facing this situation, understanding how probate works can make a big difference in easing the stress and confusion. Let’s go over what happens when someone passes away intestate (without a will) and how you can handle the probate process smoothly.
What Is Probate?
Probate is the legal process used to settle a person’s estate after they pass away. When there’s a will, the court ensures that the assets are distributed according to the deceased’s wishes. But when there’s no will, Arizona’s intestate succession laws determine who inherits the property.
Who Inherits When There’s No Will in Tucson?
Under Arizona law, the distribution depends on family relationships:
- If the deceased was married: The spouse usually inherits most or all assets.
- If there are children from another relationship: Assets are divided between the spouse and those children.
- If unmarried: The estate typically goes to children, then parents, then siblings, and so on.
It’s best to consult an estate attorney or trusted professional to ensure that the process follows Arizona law accurately.
Steps to Handle Probate in Tucson Without a Will
- File for Probate:
Start by filing a petition with the Pima County Superior Court to open probate. You can apply to be the “personal representative” (similar to an executor). - Notify Heirs and Creditors:
Once appointed, you must notify all heirs and creditors about the probate case. - Inventory the Estate:
Make a complete list of the deceased’s assets—property, bank accounts, vehicles, and valuables. - Pay Debts and Taxes:
Before distributing any inheritance, debts and taxes must be settled. - Distribute Assets:
Once all obligations are met, distribute what remains according to Arizona’s intestate succession laws.
Tips to Make the Process Easier
- Stay organized: Keep all documents, bills, and court papers in one place.
- Seek legal guidance: Probate without a will can be complex, so working with a local probate attorney is often worth it.
- Work with a Realtor experienced in probate sales: If real estate is involved, a Tucson-based Realtor can help with property valuation, marketing, and sale.
Need Help with Probate Real Estate in Tucson?
If the estate includes a home or other real property, Ryan Comstock is here to help. As a trusted Tucson Realtor, Ryan understands the sensitive nature of probate sales and can guide you through every step with care and professionalism.
📞 Phone: 520-261-4669
📧 Email: ryancomstock@ryancomstock.com
🌐 Website: https://ryancomstock.com/