When you’re named to manage the probate process for the estate of someone who has recently died, you have an important legal responsibility. Whether you were named as the executor of the decedent’s will or appointed by the court, you have several distinct tasks that must be completed correctly and in a timely fashion. 

Fortunately, effective guidance from an experienced Arizona attorney can help you succeed as the personal representative for an estate. In fact, this legal process is often more straightforward than people fear. Here are some persistent probate myths that often trigger needless worry, and possibly costly mistakes:

• Myth 1: All estates follow the same probate process — There are three primary methods of distributing a decedent’s assets under Arizona probate law. Estates whose value falls below a certain level can be settled through a small estate affidavit. As of September 26, 2025, these amounts are $200.000 for personal property and $300.000 for real estate. Another option is informal probate, where the Probate Registrar appoints a personal representative who handles most estate tasks on their own. Cases where a dispute exists over the validity of the will, administration of the estate or another issue are subject to formal probate, which requires a court hearing and close supervision from a judge or commissioner. 

• Myth 2: All assets owned by the decedent are distributed through probate — Property can be transferred upon death in numerous ways that do not involve going through probate. Full ownership of assets classified as a joint tenancy or community property with right of survivorship immediately pass to the other owner. Likewise, real estate with a beneficiary deed and accounts with transfer-on-death provisions also shift directly to the named recipients. You can also use life insurance proceeds, assets in trusts and other estate planning methods to dramatically shrink (or eliminate) the probate estate. 

• Myth 3: Probate is always a long, arduous process — Uncontested informal probate proceedings often close within months. Arizona’s creditor-claims window is generally four months from first publication (or 60 days after actual notice to known creditors), which sets the minimum timeline. While every estate is unique, clear records, cooperative heirs and proper notice typically keep costs and delays in check. Contested matters or hard-to-value assets can extend the process.

• Myth 4: No will means no probate — When no valid will exists, Arizona’s intestacy laws determine who inherits property through a priority system based on familial relationship to the decedent. Legal transfer of title still must take place for the assets, except they must be distributed according to the intestacy provisions rather than the instructions left in a will. 

The Law Firm of Joseph M. Udall, PLC in Mesa can answer all of your questions about the disposition of a decedent’s assets and guide you skillfully through the Arizona probate process. To make an appointment, please call (480) 500-1866 or contact us online.