Is A Will Enough To Avoid Probate In AZ?

Is a will enough to avoid probate in Arizona? No. This is when I get asked all the time, and the answer is no. Do you need me to do a longer video than that? The answer is no; if you have a will, you must go to probate. Here’s what happens when somebody passes away. We have this happen every single day, every week, every month, every year. 

People call the office to say my dad had a will; why isn’t the bank giving us the money? They’re not giving you the money because the will requires it to get approved by the probate court. Guess what if you’re the bank? You’re not gonna just take some document from somebody who walks in and says here, give me all the money. No, you’re not gonna be liable for that. 

You’re gonna say that’s the will good for you and take it in court. Get it approved by the court, then come back to the bank. That’s how it ends up in probate. So, no, a will does not keep you out of probate. It actually almost guarantees you’ll be in probate.  

Summary

Holding a last will does not suffice as a comprehensive measure to skip the probate process in Arizona. The execution of a will necessitates the requisite approval from a court of law. Thereby initiating the subsequent probate proceedings through which the decedent’s assets shall duly pass.

Author: Francisco Sirvent - Keystone Law Firm I graduated from the University of Arizona in 2001 with a B.S. in Biosystems Engineering, first in my class. I then entered the legal profession as a law clerk in 2002 and pursued a law degree at Arizona State University, completing the degree in 2006 as one of a handful of students who also obtained a Certificate in Law, Science and Technology. I led the Elder Law Pro Bono project and Christian Legal Society student chapters, and then interned at Arizona Technology Enterprises. I now run a law firm in Chandler Arizona dedicated to helping Arizonans with their Estate Planning, Probate and Family Law needs.

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