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When someone passes away, their assets and belongings must be legally transferred to the right people. This process is called probate. What happens in probate court falls under the most notorious answer in law school classrooms everywhere: “it depends.” The most important thing to know is whether the deceased person had a Will and whether you have the original copy or just a copy.
I Have the Original Will. Now What?
If you have the original Will, it must be officially filed with the probate court. This process is known as Informal Probate. If no one objects to the Will, the court will appoint the Personal Representative (the person responsible for managing the estate), as stated in the Will.
The court will then issue Letters of Appointment, which act as legal proof that the Personal Representative has the authority to handle the deceased person’s assets. Banks, insurance companies, real estate agents, and other institutions will require this document before they release or transfer any assets.
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What Else Has to be Filed in a Probate?
There are other documents that will initially be filed along with the Will, including:
- Application for Probate – Provides important details about the deceased person and the Personal Representative.
- Notices to Heirs – Notifies all individuals named in the Will (or those legally entitled to inherit) about the probate process.
Every person who may inherit something from the estate must be officially notified that probate has started. The Application will state important information about the deceased and the nominated Personal Representative. More information about all of the necessary documentation regarding a probate can be found here.
What Happens If I Can Only Find a Copy of the Will?
If the original Will is missing and only a copy is available, the probate process becomes more complex. The court requires a Formal Probate, which involves a hearing before a judge to confirm that the copy is valid. This hearing is typically held over Zoom. Once the Judge probates the copy of the Will, all of the above filings and procedures outlined here will still apply.
What Happens if Someone Wants to Contest or Dispute the Probate?
If someone believes the Will is not valid, they can file a Will contest in probate court. Common reasons for disputing a Will include:
- The deceased person was not mentally capable of making a Will.
- Someone pressured or manipulated the deceased into signing the Will.
- The Will was forged or created fraudulently.
- The Will was not signed correctly according to legal requirements.
If a Will is contested, the court will hold a hearing, and legal proceedings can become expensive and time-consuming.
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HOW LONG DOES PROBATE COURT TAKE?
There are numerous and strict timeframes and deadlines throughout the probate process, which is why it is always wise to consult an attorney before filing probate, at the very least. Here is a brief explanation of some of the deadlines:
Notice Requirements:
- For an Informal Proceeding, notice to all heirs must be given 30 days after the Court appoints the Personal Representative
- For a Formal Proceeding, notice should be given to all interested parties 14 days before the hearing.
Inventory and Appraisement:
- An inventory of all of the deceased’s assets at the time of death is due to beneficiaries 90 days after the appointment of the Personal Representative.
- All beneficiaries can waive the Inventory and Accounting.
Notice to Creditors:
- At the time of appointment, a personal representative shall publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing the appointment and the personal representative's address and notifying creditors of the estate to present their claims within four months after the date of the first publication of the notice or be forever barred. ARS 14-3801
- The notice shall also notify all known creditors to present the creditor's claim within four months after the published notice, if notice is given as provided in subsection A, or within sixty days after the mailing or other delivery of the notice, whichever is later, or be forever barred. ARS 14-3801
On Average, How Long Does it Typically Take to Open and Close a Probate?
In our experience, a probate can take anywhere from 6 months to a year to open and close. However, the timeline can vary based on factors such as:
- How quickly assets can be collected and distributed
- Whether there are disputes over the Will
- The complexity of the estate
- How efficiently banks, creditors, and other third parties respond
Because probate can be time-consuming and complicated, it’s always a good idea to consult an attorney before starting the process. By knowing what to expect and following the required steps, you can ensure a smoother process for handling a loved one’s estate.
What Happens in Probate Court? © 2025 by Toby Tigges is licensed under CC BY 4.0 
What Happens in Probate Court?