Dealing with a loved one’s estate after their passing is never easy. One of the most common questions families in Marana, Arizona ask is: What happens if we don’t file probate? Understanding the probate process and its consequences can help you avoid future complications.
What Is Probate?
Probate is the legal process that ensures a deceased person’s estate — their property, money, and assets — is properly distributed. It verifies the will (if one exists), settles outstanding debts and taxes, and ensures rightful heirs receive what’s intended for them.
In Arizona, probate can be simplified for smaller estates, but it’s still an important step to protect both the estate and the heirs.
What Happens If You Don’t File Probate?
Skipping probate when it’s required can lead to a number of problems, including:
- Property Remains in the Deceased’s Name
Without probate, you can’t legally transfer ownership of homes, land, vehicles, or bank accounts. This makes selling or refinancing property nearly impossible. - Heirs Face Ownership Issues
When probate isn’t filed, family members might struggle to prove their legal ownership. Disagreements or title disputes can arise years later, making the situation even more stressful. - Debts and Taxes Go Unresolved
The estate’s outstanding debts or taxes may go unpaid, which can lead to complications or even penalties later on. - Court Intervention
If too much time passes without probate, the court may step in and appoint someone to handle the estate — which can slow down the process and remove control from the family.
How Long Do You Have to File Probate in Arizona?
In Arizona, you generally have up to two years after the person’s death to open probate. However, the sooner you start, the easier it will be to manage property titles and resolve financial matters.
If the estate is small enough, you may qualify for a simplified probate process, which saves both time and money.
Can You Avoid Probate in Marana?
In some cases, yes — probate can be avoided if the deceased planned ahead. You might not need probate if:
- The estate qualifies as a small estate.
- Assets are in a living trust.
- Properties or accounts have transfer-on-death (TOD) or payable-on-death (POD) designations.
A local real estate professional can help you understand how to prepare your property and documentation to simplify or even avoid probate altogether.
Talk to a Marana Real Estate Expert
If you’re handling a loved one’s estate or planning for your own, it’s important to understand how probate laws in Marana and Pima County affect your property.
Ryan Comstock, a trusted Marana Realtor, can guide you through estate-related real estate matters — from property transfers to preparing homes for sale after probate.
📞 Phone: 520-261-4669
🌐 Website: www.ryancomstock.com
📧 Email: ryancomstock@ryancomstock.com