Probate can already be a long process.
It can become more complicated if an heir passes away before probate is finished.
This guide explains what happens when an heir dies during probate in Tucson, Arizona and how the process continues.
Does Probate Stop If an Heir Passes Away?
No.
Probate does not stop when an heir passes away.
The court adjusts the process to make sure the heir’s share is handled correctly.
What Happens to the Deceased 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 transferred
Who receives the inheritance depends on the heir’s own estate plan.
What If the Heir Had a Will?
If the deceased heir had a valid will:
- Their inheritance passes to their 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 cause delays but is still manageable.
How This Affects the Timeline
When an heir dies during probate:
- Additional paperwork is required
- The court may pause distributions
- Final settlement may take longer
Working with experienced professionals can help reduce delays.
Can a Probate Home Still Be Sold?
Yes.
A probate home in Tucson can often still be sold.
Court approval may be required before proceeds are distributed.
The deceased heir’s share is handled according to court rules.
Why a Tucson Probate Realtor Can Help
Situations like this require careful coordination.
A probate realtor can:
- Help manage and sell the property
- Work with executors and attorneys
- Ensure court requirements are followed
- Keep the sale moving forward
Talk to a Tucson Probate Realtor
Ryan Comstock
Ryan Comstock helps families sell probate properties in Tucson and surrounding areas.
📞 Phone: 520-261-4669
🌐 Website: www.ryancomstock.com
📧 Email: ryancomstock@ryancomstock.com