Dealing with a loved one’s estate can be stressful. Probate, paperwork, and decisions about property can feel overwhelming. This simple guide explains what Tucson families need to know about probate and estate taxes—without the confusing legal terms.
What Is Probate?
Probate is the legal process that happens after someone dies.
It makes sure:
- Debts are paid
- Property is identified
- Assets go to the right people
If the person owned a home in their name only, probate is usually required.
Do You Always Need Probate in Tucson?
You may need probate if:
- There is no living trust
- The home or property is under the person’s name alone
- The estate is larger than Arizona’s small-estate limits
If a house is involved, a local realtor like Ryan Comstock can help guide you through the steps.
Two Types of Probate in Arizona
Informal Probate
This is the easiest type.
It is used when:
- There is a clear will
- Family members agree
Formal Probate
This is used when:
- There are disagreements
- There are questions about the will
- The estate is complicated
Formal probate takes longer because the court is more involved.
Do Tucson Residents Pay Estate Taxes?
Here’s the simple answer:
✔ Arizona does not have a state estate tax.
✔ Most families will not pay federal estate tax either.
Estate tax only applies to very large estates.
What About Taxes When Selling an Inherited Home?
If you inherit a home and later sell it, capital gains tax might apply.
However, most people benefit from a “stepped-up basis,” which means:
- The home’s value is reset to the value on the date of death
- This often lowers or removes capital gains tax
A realtor like Ryan Comstock can help you understand what to expect before selling.
How Long Does Probate Take?
In Tucson, probate usually takes 6–12 months.
It depends on:
- How large the estate is
- Whether anyone disagrees
- How fast documents are submitted
- Court processing times
Can You Sell a Home During Probate?
Yes, you can.
The person in charge of the estate (the personal representative) must:
- Inform all heirs
- Follow court rules
- Work with a realtor to price and sell the home
If you are selling a home during probate, having the right guidance makes the process easier.
Simple Tips for Tucson Families
- Keep documents in one folder
- Ask an estate attorney for guidance
- Work with a realtor for property matters
- Don’t rush—probate takes time
Need Help With a Probate Property in Tucson?
If you’re handling a probate estate and need support with selling or managing the property, Ryan Comstock can help. He provides clear guidance and professional service during a stressful time.
📞 Phone: (520) 261-4669
📧 Email: ryancomstock@ryancomstock.com
🌐 Website: https://ryancomstock.com/