During the course of the estate practice of our firm, we have often observed individuals who delay the distribution of a deceased loved one’s estate plan. It is understandable that a person may want to take some time to mourn, prepare emotionally to wrap up the deceased individual’s affairs, and to organize the needed documents. However, one cannot delay the process indefinitely. Significant delay not only can complicate the estate’s distribution, but can place those assigned to areas of responsibility into legal problems as well.
One area where we often observe a time issue occurring is in the filing of Probate. For most low-value estates, or when there is a Will in place where one spouse has passed away and the surviving spouse remains, the need for Probate is often unnecessary. Instead, usually (at most) only Informal Probate may be required. As the name implies, Informal Probate is a simpler probate process, which primarily involves the submittal of the proper pre-printed paperwork to the Court with no need for a hearing or formal legal proceedings. In some circumstances, no probate is required at all. In these scenarios, the surviving spouse, close relative, or designated personal representative named in the Will can manage this process on his/her own without the need of any attorney involvement.
However, there is a bright line limit in the amount of time when an estate should be closed and some form of Probate can proceed. In Arizona, a Probate case must be commenced within two years after a decedent’s death. A.R.S. § 14-3108. If the probate process does not occur during this two-year period, Probate is not allowed without Court intervention and approval and (if allowed) certain procedural steps must be complied with to allow formal Probate to occur. When this deadline is missed, what was once a relatively simple and inexpensive process often accomplished without an attorney becomes a situation where attorney intervention is necessary and additional procedural steps are required in order to proceed. What could have been an inexpensive process now involves potentially several additional thousands of dollars of fees, costs, and expenses.
When one is assigned responsibility in the estate plan, such as the designated Personal Representative or Successor Trustee, failure to timely fulfill his/her duties may cause additional problems as well. Beneficiaries of the estate may have issue with the unnecessary time, costs, fees, and expenses caused by the delay that has now negatively affected their financial share or, at a minimum, added time for that share to be distributed. As a result, Personal Representatives and Successor Trustees may find themselves facing allegations of failure to perform their duties and improper management of the estate.
It is understandable that one may not be emotionally or procedurally prepared to immediately initiate the final distribution of the estate of a deceased individual. However, continuing to delay the inevitable will ultimately cause future problems and additional expenses.
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This website and article have been prepared by Harrison Law, PLLC for informational purposes only and does not, and is not intended to, constitute legal or financial advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.
