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  • Home
  • Start Here
    • Becoming a Client
    • Our Story
    • Our Approach & Values
    • Meet the Team
  • Practice Areas
    • Estate Planning, Wills, and Trusts
      • Estate Planning
      • Trusts
      • Wills
      • Power of Attorney
      • Deeds & Real Estate Transfers
    • Specialized Planning
      • Minor Children
      • Special Needs Trusts
      • Asset Protection Planning
      • Irrevocable Trusts
    • Elder Care
      • Long term Care
      • Medicaid (ALTCS)
      • Guardianship
    • Probate
      • Do I Need Probate?
      • Avoiding Probate
      • Trust Administration
    • Business Planning
      • Business Formations
      • Business Succession Planning
      • Operating Agreements
      • Employment Agreements
  • Testimonials
  • Resources
    • Estate Planning Blog
      • Estate Planning
      • Elder Law
      • Probate
      • Business Succession
      • Guardianship
    • Videos & Recordings
    • Seminars & Webinars
    • Free Estate Planning Masterclass
    • Educational Library
    • Estate Planning Resources For Professional Advisors
    • FAQs
    • Media Room
  • Contact Us
    • Schedule Strategy Session
    • Office Locations
LifePlan Legal AZ

Mesa and Gilbert, AZ Estate Planning and Long Term Care Law Firm

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Home » Do I Need Probate?

Do I Need Probate in Arizona?

What to Know When Someone Passes Away



When a loved one dies, their assets don’t automatically go to the right people. In many cases, families need to go through probate—the legal process of settling an estate.

But here’s the truth: Not everyone needs probate.
And when you do, it doesn’t have to be a nightmare.

At LifePlan Legal AZ, we help Arizona families figure out if probate is required—and guide them through every step with clarity and compassion.



What Is Probate?

Probate is a legal process where the court:

  • Validates a will (if there is one)
  • Appoints a personal representative (executor)
  • Makes sure debts are paid
  • Distributes assets to the rightful heirs

It’s time-consuming, public, and sometimes expensive—but it’s not always avoidable.



When Probate IS Required in Arizona

Probate is usually needed when:

  • The person owned assets (bank accounts, property, etc.) in their name only
  • No beneficiary was listed on an account or life insurance policy
  • There was no will, or the will is being contested
  • The estate includes real estate not held in a trust or joint ownership


When Probate MAY NOT Be Required

Arizona offers alternatives to probate in certain situations:

  • Small estates (under $200,000 in personal property or $300,000 in real estate)
    → You may be able to use a simple affidavit to claim assets.
  • Assets that had a named beneficiary (like life insurance or retirement accounts)
  • Property held in a living trust
  • Jointly owned assets with right of survivorship

We’ll help you sort through everything and avoid unnecessary legal steps.



Don’t Navigate This Alone

Probate can feel overwhelming—especially while grieving. That’s why families call us.

At LifePlan Legal AZ, we’ll:

  • Explain whether probate is needed
  • Help you get appointed as the legal representative
  • Walk you through the paperwork, deadlines, and court filings
  • Protect your rights if there's a dispute
  • Make the process faster and less stressful


Common Questions We Hear:

“There’s a will—do I still need probate?”
Possibly. A will does not avoid probate, but it does help guide it.


“What if my loved one didn’t have a will?”
Arizona’s laws of intestacy will determine who inherits—but probate is still required.


“How long does probate take?”
Most cases take 12–18 months in Arizona, depending on complexity and court timelines.


“Can I just take care of this myself?”
You can—but probate has strict rules and deadlines. One mistake can delay things or put you at risk. We’re here to make it easier.



Let’s Answer This—Together

If you’re wondering whether you need probate, let’s talk. We’ll give you real answers and a clear path forward.

Schedule Your Free Probate Consultation
Or call us at (602) 932-3187



LifePlan Legal AZ – Planning that prevents conflict. Guidance when it matters most.

Client Success Stories

Dan Hartman 5 months ago
Jake was great to work with on our trust & will planning work. He made it so easy and painless, I cant believe we...Read More »
Kimberly Branson 4 months ago
We had an excellent experience working with Jake and Glenn, who expertly guided us through the family trust process. They offered flexible meeting times, were...Read More »
Bill Baltas 2 months ago
I met with Rebecca Easton to put together several documents (will, living will, and a trust). She met with me and my wife to...Read More »

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Practice Areas

Conservatorship Lawyer Mesa, AZ
End-Of-Life Planning Lawyer Mesa, AZ
Estate Planning Lawyer Mesa, AZ
Guardianship Lawyer Mesa, AZ

Wills And Trusts Lawyer Mesa, AZ
Living Will Lawyer Mesa, AZ
Business Formation Lawyer Mesa, AZ

Estate Administration Lawyer Mesa, AZ
Asset Protection Lawyer Mesa, AZ
Living Trust Lawyer Mesa, AZ

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Our Mesa Office

2500 S Power Road
Bldg 14
Suite 132
Mesa, AZ 85209

New Clients: (602) 932-3187

Existing Clients: (480) 400-0111

Our Gilbert Office

1425 S. Higley Road #106
Gilbert, AZ 85296

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