Probate can already feel overwhelming.
It can become more complicated when an heir passes away before probate is finished.
This guide explains what happens when an heir dies during probate in Oro Valley, Arizona and how the process continues.
Does Probate Stop If an Heir Passes Away?
No.
Probate does not stop if an heir passes away.
The court adjusts the process to make sure the heir’s share is handled correctly.
What Happens to the Heir’s Inheritance?
When an heir dies during probate:
- Their inheritance becomes part of their own estate
- The share does not disappear
- The court decides how it will be passed on
Who receives the inheritance depends on the heir’s estate plan or Arizona law.
What If the Heir Had a Will?
If the heir had a valid will:
- The inheritance goes to their named beneficiaries
- A personal representative may be appointed
- Probate may be required for the heir’s estate
This can add time 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 Affects the Probate Timeline
When an heir dies during probate:
- Extra 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 Oro Valley?
Yes.
A probate home in Oro Valley can often still be sold.
Court approval may be required before sale proceeds are distributed.
The deceased heir’s share is handled according to court rules.
Why an Oro Valley Probate Realtor Can Help
Local experience matters in complex probate situations.
A probate realtor can:
- Help manage and sell the property
- Work with executors and attorneys
- Follow court requirements
- Keep the process moving forward
Talk to an Oro Valley Probate Realtor
Ryan Comstock
Ryan Comstock helps families sell probate properties in Oro Valley and the surrounding Tucson area.
📞 Phone: 520-261-4669
🌐 Website: www.ryancomstock.com
📧 Email: ryancomstock@ryancomstock.com