Mattituck, NY asked in Estate Planning for Arizona

Q: In Arizona - after a death is there a certain timeframe the legal process needs to be started within?

For example - from the time the executor of the estate gets the will or from the date of death - any processes have a time limit - forming the estate, any taxes that need to be handled etc.. is it reasonable to wait 6+ months to begin any of this process

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1 Lawyer Answer
Douglas Price
Douglas Price
  • Estate Planning Lawyer
  • Tempe, AZ
  • Licensed in Arizona

A: Yes, there is a time limit and it is generally 2 years from date of death. A probate should be filed before this time to be "timely" although a "tardy" probate can be filed after 2 years with "restricted" letters. Generally, it is better to act sooner rather than later so that property of the estate can be properly located and preserved.

Arizona statutes do require that a probate cannot be filed until at least 5 days have passed from the date of death. So filing a probate anytime after this is OK. The 5 days gives you time to contact a skilfull attorney and to watch the videos required by the courts before you are appointed as the personal representative of the estate.

Nina Whitehurst agrees with this answer

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