My Loved One Died without Any Assets Do We Need to Do a Probate?

Question:  My loved one was an Arizona resident who died without owning any assets that remain in his name?  Must our family do an Arizona probate?

Answer:  No in most cases.  There are several reasons to open a probate:

1. To use the legal process to collect assets of the deceased that did not transfer automatically on the decedent’s death.

2. To get a personal representative appointed by the court so the PR can sign and file documents such as tax returns on behalf of the estate.

3.  To give notice to unknown creditors of the decedent so as to start the statute of limitations on collecting debts of the estate so that claims that are not filed with the court will be cut off.

4.  To pay creditors who have allowed claims.

5.  Make sure that the probate estate’s assets are distributed to the lawful heirs after all liabilities of the estate are paid.

If none of the reasons for having a probate applies then a probate is not needed.