Dealing with probate can feel overwhelming, especially when emotions and legal steps are involved. Many Tucson residents ask similar questions when navigating the process. To help you feel more confident and informed, here are the top 5 probate FAQs—explained in simple, easy-to-understand terms.
1. What is probate?
Probate is a legal process that happens after someone passes away. It involves:
- verifying the will (if one exists),
- identifying and valuing assets,
- paying remaining debts, and
- distributing what’s left to the heirs.
In Tucson and the rest of Arizona, probate ensures everything is handled fairly and legally.
2. Do all estates in Tucson have to go through probate?
Not always. Some estates can avoid or simplify probate if:
- assets were placed in a living trust,
- the estate qualifies as “small” under Arizona law,
- property is owned jointly with rights of survivorship, or
- accounts have beneficiary designations (like insurance or retirement accounts).
A real estate professional familiar with probate-related transactions—like Ryan Comstock—can help you understand where a property stands in this process.
3. How long does probate take in Arizona?
Probate timelines vary. A simple case may take a few months, while more complex estates can take a year or longer.
Delays often happen due to:
- family disputes,
- missing or unclear documents,
- complicated assets, or
- questions about the will.
The more organized the estate, the smoother the process.
4. Can I sell a home during probate?
Yes—properties can be sold during probate, but certain steps must be followed. This often includes:
- getting court approval (depending on probate type),
- confirming the personal representative’s authority, and
- properly disclosing probate details to buyers.
Working with a Realtor experienced in probate sales—like Ryan Comstock—helps ensure the transaction is handled legally and efficiently.
5. Do I need a lawyer for probate?
It’s not always required, but many families find it helpful. A probate attorney can:
- prepare and file documents,
- guide you through deadlines, and
- help resolve any disputes.
If the estate includes real property, partnering with a knowledgeable Tucson Realtor can make the entire process easier.
Need Help With a Probate-Related Property in Tucson?
If you’re handling a probate case and need guidance on selling a home or understanding the process, Ryan Comstock is here to help. He has experience working with Tucson families facing probate challenges.
📞 Phone: 520-261-4669
📧 Email: ryancomstock@ryancomstock.com
🌐 Website: www.ryancomstock.com
🏡 Realtor: Ryan Comstock