What's the time limit for probate?

[Spudwiggley]

I have an question that I have not seen answered anywhere in these posts:

My mother passed away five years ago and her will was never filed with the County in Arizona where she lived. All of her outstanding debts were paid, including funeral expense, life insurance re-imbursement, credit card debt and the mortgage on her house. The few wishes listed in her will were addressed to the satisfaction of all the adult children who survived her. This was all accomplished without going through probate. My questions are: Is this common? How much trouble is this going to cause? Is there some kind of legal penalty that will be involved? This was not intentional, it was simply the result of the combination of emotional stress and ignorance of the process.

Thanks for any advice.

 

[JETX]

The probate process has several purposes, the largest of which is to make a legal, orderly transition of titles to property and assets, and to provided a method for payment of the decedents debts.

And probate is not required in all cases, and Arizona allows this process by affidavit in simple cases. An example of where an affidavit may be allowed is if a decedant has no titled property (real property, cars, insurance, etc.) and little or no outstanding debts. However, if the decedant did have them, there needs to be some way to legally transfer them to the heir(s) and to assure payment of the debts. This is done by issuance of a court order from the probate court.

In any case, I would suggest that all of the involved heirs gather up a couple of hundred dollars and at least go talk with an attorney in your state experienced in probate matters.

 

[Spudwiggley]

Thank you. I appreciate the advice.