Probate can feel overwhelming, especially if you’re navigating it for the first time. Many Tucson residents have questions about the process, timelines, and costs involved. Here are the top five probate FAQs we hear most often, along with straightforward answers to help you understand what to expect.
1. What is probate, and is it always necessary?
Probate is the legal process used to settle a deceased person’s estate, ensuring debts are paid and assets are distributed according to the will—or state law if there isn’t a will. Not every estate requires probate. Small estates or those with joint ownership or designated beneficiaries might bypass probate entirely.
2. How long does probate take in Tucson?
The length of probate varies depending on the complexity of the estate. On average, a simple estate might take 6–12 months, while more complex estates could take 1–2 years. Having organized documents and working with professionals can help speed up the process.
3. How much does probate cost?
Probate costs include court fees, attorney fees, executor fees, and other administrative expenses. In Arizona, attorney fees are often based on the value of the estate, but keeping an estate organized and working with an experienced probate professional can help minimize unnecessary expenses.
4. What assets are involved in probate?
Not all assets go through probate. Assets that pass directly to beneficiaries—like life insurance, retirement accounts, or jointly-owned property—generally avoid probate. Assets solely in the deceased’s name will typically be part of the probate estate.
5. Can I sell a house during probate?
Yes, it’s possible to sell a home during probate, but there are legal requirements. The executor must obtain court approval before listing and selling the property. Working with a knowledgeable local realtor can make this process smoother and help ensure the home is sold at the best possible price.
If you’re dealing with a probate property in Tucson, having a trusted realtor can make a significant difference. Ryan Comstock is here to help guide you through the process, whether you’re selling or buying a home.
Contact Ryan Comstock:
📞 520-261-4669
🌐 www.ryancomstock.com