If you are reading this, you might be going through a tough time. Maybe you just lost a loved one. Or maybe you are trying to help a parent get their affairs in order. First, I want to say I am sorry for your loss. My partner Aline and I have been helping folks in Arizona since 1982. That is over 40 years. We have seen just about everything in Bullhead City, Kingman, and Lake Havasu.
When someone passes away, dealing with their house, their money, and their bills can feel scary. We hear the word “Probate” and we think of high costs and long fights in court. But it doesn’t always have to be that way.
Today, I want to talk to you like we are sitting in my office in Bullhead City. I want to explain how probate actually works here in Mohave County. We are going to look at the two main paths: Informal Probate and Formal Probate.
Key Takeaways
- Most Arizona cases are “Informal”: This means less time in court and less paperwork.
- Formal Probate is for disputes: If the family is fighting or the Will is unclear, a judge has to get involved.
- Location matters: The rules in Bullhead City and Mohave County can be specific.
- You have time: You usually have up to two years to start, but sooner is often better.
- We can help: Our lawyers guide you so you don’t have to do it alone.
Why Is Probate Necessary and How Does It Work in Bullhead City?
Let’s start with the basics. What is probate?
Think of probate as the “checkout counter” for life. When we leave this world, we can’t take our stuff with us. We have to make sure our debts are paid and our things go to the right people.
If your loved one had a Will, that is great. But a Will is just a piece of paper until a court says, “Okay, this is valid.” That is what probate does. It makes the Will official.
In Arizona, we use the Uniform Probate Code (UPC). This is just a fancy way of saying that Arizona tries to make the rules the same as many other states to keep things simple.
Did you know? According to a 2024 survey by Caring.com, only about 32% of Americans have a Will. That means 68% of people pass away without a plan! When that happens, the state has a backup plan called “intestacy laws.” These laws decide who gets what.
Whether there is a Will or not, you usually have to deal with the court system. In Mohave County, that often means filing paperwork with the Superior Court.
When Is Informal Probate the Best Option for My Family?
In Arizona, we are lucky. We have something called Informal Probate. This is exactly what it sounds like. It is less strict. It is faster. It is usually cheaper.
Most of the time, our lawyers recommend this path if everyone gets along.
How It Works
In Informal Probate, you usually don’t have to go stand in front of a judge. There are no big trials. It is mostly paperwork.
- The Application: We file a form asking to be the “Personal Representative” (that is the new word for Executor).
- The Registrar: A court official called a Registrar looks at the papers. If everything looks right, they stamp it.
- Letters Issued: You get a document called “Letters Testamentary.” This is your magic key. It lets you go to the bank and access the deceased person’s accounts.
Who Is This For?
Informal probate is the best choice when:
- There is a valid Will (or no Will, but clear heirs).
- Nobody is fighting.
- The debts are easy to figure out.
You might be looking for the best pizza place near me, and you want it quick and easy. Informal probate is like that—it gets the job done without the fuss.
Stat Check: While exact local stats are hard to pin down, legal trends show that over 80% of uncontested estates in UPC states (like Arizona) go through the informal process. This saves families thousands of dollars.
Why Would an Estate Require Formal Probate in Mohave County?
Sometimes, things get messy. That is when Formal Probate happens.
Formal probate is more like what you see on TV. It involves hearings. It involves a judge making decisions. It involves stricter rules.
When Do We Use This?
Our lawyers usually see Formal Probate happen for these reasons:
- Fighting Families: Brother thinks he should get the house. Sister thinks she should get the car. If they can’t agree, a judge decides.
- Missing or Damaged Will: If the Will is ripped, written in crayon, or we only have a copy, the Registrar won’t accept it. A judge has to look at it.
- Vulnerable Adults: If there are questions about whether the deceased person was tricked into signing the Will.
- Complex Assets: Sometimes business interests or strange properties need court supervision.
The Process
This takes longer. You have to schedule a hearing. You have to wait for the court date. In Mohave County, where the courts are busy, this can add months to the process.
A Stat Few Talk About: Data suggests that contested estates (the ones that fight) can eat up 5% to 10% of the total estate value in legal fees and court costs. That is money that should go to the family, but instead goes to fighting. This is why our lawyers work hard to solve problems before they get to court.
How Do I Start the Probate Process Near Me in Bullhead City?
If you are in Bullhead City, Fort Mohave, or Mohave Valley, you might be wondering where to go.
The main Superior Court for Mohave County is in Kingman. That is a bit of a drive! However, there are satellite courts, and much of the filing can be done electronically now.
When you search for “courts near me,” you want to make sure you are filing in the right county. If your mom lived in Bullhead City, we file in Mohave County. If she lived across the river in Laughlin, that is Nevada—a totally different set of laws!
Important Note: Do not try to be your own lawyer. I know, I know—I’m a lawyer, so I would say that. But probate forms are tricky. If you check the wrong box, the Registrar will reject it. You have to start over. That costs time and money.
Our lawyers handle the filings for you. We know exactly what the clerks in Kingman are looking for.
What Are the Risks of Waiting Too Long to File Probate?
This is a question we get a lot at Knochel Law Firm. “Keith, can we just wait?”
In Arizona, there is a time limit. According to Arizona Revised Statutes (A.R.S.) § 14-3108, you generally have two years from the date of death to open probate.
If you wait longer than two years:
- The Will might be thrown out.
- You might have to use a different, harder process to transfer property.
- Creditors might create problems.
However, there is a stat that is scary. There is something called “Unclaimed Property.” According to the Arizona Department of Revenue, they are holding over $2 billion in unclaimed property. A lot of this comes from bank accounts that were forgotten because a family didn’t do probate correctly. Do not let your family’s money end up in that pile!
How Can Knochel Law Firm Help Me with Estate Administration?
At Knochel Law Firm, we don’t just push papers. We protect your legacy.
Aline and I built this firm to help our neighbors. We have offices right here in Bullhead City, but also in Kingman and Lake Havasu. We are local. We know the area.
Here is what our lawyers do for you:
- We Listen: We sit down and look at the Will. If there isn’t one, we look at the family tree.
- We Choose the Path: We tell you if you qualify for Informal Probate (the fast lane) or if you need Formal Probate.
- We Handle Creditors: Did you know you have to publish a notice in the newspaper? It’s true. It tells people who are owed money to come forward. We handle that.
- We protect the Personal Representative: If you are the one in charge, you have a “fiduciary duty.” That means if you mess up, you could be personally sued. We guide you so you stay safe.
We focus on Family Law, Personal Injury, Criminal Law, Business, Elder Law, Real Estate, and of course, Wills and Probate. We understand how these things overlap. For example, if you are going through a divorce and a parent dies, that gets complicated. We can handle both pieces of the puzzle.
Learn more about our Estate Planning Services here
What Are the Common Costs of Probate in Arizona?
People are afraid of the cost. I get it.
There are two types of costs:
- Court Costs: These are fees the government charges to file papers. In Mohave County, filing a petition usually costs a few hundred dollars. There are also costs to publish that notice in the newspaper I mentioned.
- Attorney Fees: This pays for our time and knowledge.
The “Best” Way to Look at Fees: Think of a lawyer like a safety net. If you try to do it yourself and forget to pay a tax or a debt, it can cost you thousands later.
In Arizona, the cost of probate is usually paid out of the estate. That means the money comes from the deceased person’s bank account, not necessarily your own pocket.
Also, unlike some states, Arizona does not charge a percentage fee based on the value of the house. We charge for the work we actually do. This is much fairer to you.
Key Questions About Real Estate and Probate
Real Estate is usually the biggest asset. In Bullhead City, house prices have changed a lot.
If the deceased person owned a house, you generally cannot sell it until probate is started and you have those “Letters” from the court.
Stat to Know: The median home listing price in Bullhead City has fluctuated, but real estate remains a major asset. If a house sits empty for months while you figure out paperwork, it can lose value. Squatters can break in. Pipes can burst.
Our lawyers help you get the power to sell or transfer that house quickly. We also practice Real Estate Law, so if there is a problem with the title or the deed, we can fix it right here in-house.
Avoiding Probate Altogether
Is it possible to skip probate? Sometimes.
If the estate is very small—less than $75,000 in personal property or less than $100,000 in real estate equity—you might be able to use a Small Estate Affidavit.
This is a simple form. You wait 30 days regarding personal property (or 6 months for real estate) after the death, fill it out, and you might be done.
However, be careful. If you calculate the value wrong, you can get in trouble. Our lawyers can help you do the math to see if you qualify.
Why Choose Knochel Law Firm?
We are not a giant corporation from Phoenix or Las Vegas. We are your neighbors.
- Experienced: Practicing since 1982.
- Convenient: Offices in Bullhead City, Kingman, and Lake Havasu.
- Comprehensive: We handle Criminal, Business, Elder Law, and more.
We want what is best for you. We want you to feel safe and understood.
Contact us today to schedule a consultation
FAQ: Common Questions Asked to Lawyers in Bullhead City, Arizona
Here are the top 5 questions we hear from folks right here in our area.
1. Do I have to drive to Kingman for every court hearing?
Answer: Not usually! If we handle an Informal Probate, you might never have to step foot in the courthouse. Even for Formal Probate, many hearings are done virtually (over video) or by the lawyers. We have a satellite office in Kingman, so our lawyers can be there for you if a physical presence is required, saving you the drive.
2. My dad lived in Bullhead City but died in a hospital in Las Vegas. Where do we file probate?
Answer: This is a very common question here on the border! Probate is usually filed where the person lived (had their primary residence), not where they died. If his house and driver’s license were in Bullhead City, we file in Mohave County, Arizona. If he owned property in Nevada too, we might need a secondary probate there (called “ancillary probate”). We can help you figure this out.
3. How long does probate take in Mohave County?
Answer: For a simple Informal Probate, it can take about 6 to 8 months. Why? Because Arizona law requires us to leave the estate open to creditors for at least 4 months after we publish the notice. Formal probate or contested cases can take a year or longer.
4. Can I use a “Notary Near Me” to make my own Will and avoid probate?
Answer: You can write your own Will (called a Holographic Will) or use a form, and a notary helps verify it’s you. However, having a Will does not avoid probate. A Will is just a set of instructions for the probate court. To avoid probate, you need a Trust or “Pay on Death” beneficiaries. Also, homemade Wills are the #1 cause of Formal Probate fights because they are often unclear. It is best to see a lawyer.
5. What happens if we find more debts than money?
Answer: This is called an “insolvent estate.” In Arizona, there is a specific order of who gets paid first. Funeral costs and administration fees usually come before credit cards. Do not start paying your loved one’s bills with your own money! Talk to us first. If the estate is insolvent, the creditors might just be out of luck, and the family is generally not responsible for the deceased person’s debts.
External Resources for You
- Mohave County Superior Court – Check local court rules and locations.
- Arizona Revised Statutes Title 14 – Read the actual laws about Trusts, Estates, and Protective Proceedings.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this does not create an attorney-client relationship. For specific advice regarding your situation, please contact Knochel Law Firm directly.
Knochel Law Firm Bullhead City | Kingman | Lake Havasu Since 1982 https://lawyersinarizona.com/
