Probate can feel confusing, especially when you’re already dealing with a difficult time. Many families in Marana, Arizona have common questions about how probate works and what to expect. To make the process easier to understand, here are the top 5 probate FAQs, explained in simple and clear language.
1. What is probate?
Probate is a legal process that takes place after someone passes away. It includes:
- confirming the will (if there is one),
- identifying and valuing the person’s assets,
- paying remaining debts, and
- distributing the rest to the heirs.
In Marana and throughout Arizona, probate ensures everything is handled properly and according to the law.
2. Does every estate in Marana need probate?
Not necessarily. Some estates may avoid or simplify probate if:
- assets were placed in a living trust,
- the estate qualifies as a small estate under Arizona law,
- property is owned jointly with survivorship rights, or
- accounts list beneficiaries (such as life insurance or retirement accounts).
If a property is involved, a real estate professional—like Ryan Comstock—can help determine what applies to your situation.
3. How long does probate take in Arizona?
The timeline depends on the complexity of the estate.
- Simple cases may take a few months.
- More complicated estates can take a year or longer.
Factors that may delay the process include:
- disputes among family members,
- missing documents,
- large or complex assets, and
- challenges to the will.
The more organized the estate is, the smoother probate usually goes.
4. Can a home in Marana be sold during probate?
Yes, homes can be sold during probate, but there are steps to follow, such as:
- obtaining court approval (depending on the probate type),
- confirming the personal representative has legal authority, and
- properly disclosing the probate status to potential buyers.
Working with a Realtor who understands probate real estate—like Ryan Comstock—helps ensure the sale is done correctly and smoothly.
5. Do I need a lawyer for probate?
While not legally required in every case, many Marana families choose to work with a probate attorney. An attorney can:
- handle paperwork,
- meet important deadlines,
- settle disputes, and
- guide the personal representative through each step.
If the estate involves real property, partnering with an experienced Marana-area Realtor can make the entire process easier.
Need Help With a Probate-Related Property in Marana?
If you’re handling a probate case in Marana and need help understanding or selling a property, Ryan Comstock is here to assist you. He has experience helping local families navigate probate-related real estate with clarity and care.
📞 Phone: 520-261-4669
📧 Email: ryancomstock@ryancomstock.com
🌐 Website: www.ryancomstock.com
🏡 Realtor: Ryan Comstock