Probate can already take time.
The process can become more complicated if an heir passes away before probate is complete.
This guide explains what happens when an heir dies during probate in Marana, Arizona and how the case moves forward.
Does Probate Stop If an Heir Passes Away?
No.
Probate does not stop when an heir passes away.
The court adjusts the process to make sure the heir’s share is handled properly.
What Happens to the Deceased Heir’s Inheritance?
When an heir dies during probate:
- Their inheritance becomes part of their own estate
- The share is not lost
- The court decides how it will be transferred
Who receives the inheritance depends on the heir’s estate plan or state law.
What If the Heir Had a Will?
If the deceased heir had a valid will:
- Their inheritance passes to their named beneficiaries
- A personal representative may be appointed
- Probate may be required for the heir’s estate
This can add steps to the original probate case.
What If the Heir Did Not Have a Will?
If the heir passed away without a will:
- Arizona intestate laws apply
- The inheritance goes to their legal heirs
- The court determines who receives the share
This situation can slow the process but can still be resolved.
How This Can Affect the Probate Timeline
When an heir dies during probate:
- Additional paperwork is required
- Distributions may be delayed
- Final settlement can take longer
Careful coordination helps reduce delays.
Can a Probate Home Still Be Sold in Marana?
Yes.
A probate home in Marana can often still be sold.
Court approval may be needed before sale proceeds are distributed.
The deceased heir’s share is handled according to court rules.
Why a Marana Probate Realtor Can Help
Situations like this require experience and local knowledge.
A probate realtor can:
- Help manage and sell the property
- Work with executors and attorneys
- Follow court requirements
- Keep the transaction moving forward
Talk to a Marana Probate Realtor
Ryan Comstock
Ryan Comstock helps families sell probate properties in Marana and the greater Tucson area.
📞 Phone: 520-261-4669
🌐 Website: www.ryancomstock.com
📧 Email: ryancomstock@ryancomstock.com