Lawsuits filed on 06/03/2024 in Probate Case Type - Maricopa County Superior Courts - (1 to 33) | UniCourt (2024)

FAQs

How do I look up probate in Arizona? ›

Contact the County Probate Court

To find out if an estate is in probate, you can check with the county probate court. Probate proceedings are public, so there aren't any privacy laws that would prevent you from contacting the court for information.

The Superior Court is a court of general jurisdiction over cases relating to criminal felonies, juveniles, families, probate/mental health, tax, and civil. The Judicial Branch, headed by a Presiding Judge, includes the Superior Court, and the departments of Adult and Juvenile Probation.

Filing a Will or Probate Case

The Probate Filing Counter is located at 201 W. Jefferson in Phoenix, or at our Southeast location, 222 E.

The Superior Court has jurisdiction (authority) to hear all civil actions when the amount involved to resolve the case, not including interest, costs, or requested attorney fees, is $10,000 or more, OR the Plaintiff is asking for something other than money damages, or both.

In Arizona, the timeline for wrapping up a probate has no strict deadline for executors. Ideally, the recommended start date is around 60 days after the individual's passing and done within a reasonable timeframe.

Probate costs vary in Arizona, and the first occurs after death. Simple cases cost $10,000–$15,000 and take a year. Some factors may elevate its fees to $20,000, $30,000, or $100,000. The less well-known type of probate occurs when a living, incompetent person has not made legal preparations.

Rule 11. The Forensics Services Division evaluates defendants for competency in criminal cases.

Courts of limited and special jurisdiction include the Justice Courts and the Magistrate Courts. Magistrate Courts are also referred to as City or Municipal Courts. The Arizona Superior Court, a court of general jurisdiction, is considered one court with locations in each of the 15 counties in the state.

Superior courts are typically the courts of first instance for felonies or civil matters worth more than $10,000, and act as appellate courts for misdemeanors and other cases originally heard in limited jurisdiction courts. Superior courts also share concurrent jurisdiction with justice courts.

A Proof of Authority is a statutory based mechanism whereby a “foreign” personal representative (foreign meaning, the personal representative was granted executorships powers in a State other than Arizona) may petition the Arizona probate court to exercise its foreign powers.

How long does probate take in Maricopa County, AZ? ›

There may be additional hearings to resolve contests, and the executor will probably need court approval before making major decisions and actions. Informal probate is obviously the quickest and can conclude in 4 – 6 months. Formal probate may take up to a year or longer.

In the state of Arizona, probate is only required if the decedent has any assets that did not transfer automatically upon their death. These assets tend to be titled individually in the decedent's name and will require a probate court to transfer the title of ownership to the intended beneficiary.

The court may order the court files and records, or any part thereof, to be sealed or redacted, provided the court makes and enters written findings that the specific sealing or redaction is justified by identified compelling interests that outweigh the public interest in access to the court record.

Complex cases include (1) all First Degree Murder cases, (2) all cases that will require the court to consider evidence obtained as the result of an order permitting the interception of wire, electronic or oral communication, and (3) any case that the court, in a written factual finding, designates as complex.

Preliminary Hearing

If the Magistrate determines probable cause, the defendant is bound over and held to answer the charges in Superior Court and an "Information" or charging document is filed in the Superior Court. If no probable cause is determined, the charges are dismissed and the defendant is released.

In Arizona, wills are typically considered private documents during the lifetime of the testator, meaning the person who created the will. However, upon the testator's death, the will may become a public record.

In the state of Arizona, most probate cases are considered “informal.” With informal probate, the estate's personal representative (also known as the executor) is authorized to probate the estate without court supervision.

If the total value of the assets solely in the deceased person's name, other than real property, exceeds $75,000, that will require probate. If the value of any real property located in Arizona solely in the deceased person's name, less liens and encumbrances, exceeds $100,000, that will require probate.