Probate Lawyers in Gilbert, AZ

What Is Probate in Arizona?

Probate is the legal process of paying creditors and distributing belongings to heirs after someone has passed away. Many learn they must open probate for their family member’s estate after reaching out to probate lawyers in Phoenix, because they’re having trouble collecting their loved one’s assets or because family members are fighting over belongings. AZ probate law requires probate unless all of a decedent’s assets are placed in trust or the decedent has listed beneficiaries fo all their assets. However, Arizona probate code allows for a more straightforward, streamline probate process for smaller estates. An estate can qualify for this process if the total value of the estate’s real property is less than $100,000, and all other non-real property totals less than $75,000.

How Our Phoenix Probate Attorneys Can Help?

Having to deal with the passing of a loved one can be difficult enough. When you must go through probate afterward, the process can be increasingly overwhelming. Our trust administration lawyers can assist with most probate matters.

• Filing documents with probate court
• Inventorying probate and non-probate assets
• Resolving debts from the estate
• Addressing estate tax issues
• Distributing assets
• Trust administration

Is Probate Always Necessary?

It’s not always necessary to go through the formal probate process after someone dies, even if they did not create a will before their death. Probate laws in Arizona say that if someone has less than $100,000 in equity in their real property (house or land), or if the value of their personal property is less than $75,000, then the full probate process is not legally required. For estate administration,Small Estate Affidavits can be used instead to gather the deceased’s assets.

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What Are The Types of Probate?

It is important to note that a Last Will and Testament only controls estate property which is generally exclusive to assets that do not have a co-owner or a named beneficiary. A huge misconception is that a will helps a person avoid probate which is generally not the case. Nonetheless, the Last Will and Testament is an important legal document for the following reasons:

• A Will is generally used to designate an alternate guardian for a person who has minor children.
• A Will generally provides instructions for distributing a person’s personal effects (jewelry, artwork, electronics, furniture, etc.).
• A Will designates an executor to pay final expenses, file final tax returns, and distribute assets.
• A good Will generally waives any bond requirement for a Personal Representative.

Speak with a Phoenix Will Attorney Today

The three main types of probate in Arizona are Informal, Formal, and Supervised. Much of the difference depends on the amount of court supervision required to complete the process.

Informal Probate

• Fastest and least expensive
• Minimal court supervision
• There must not be objections to the will, personal representative, or his/her actions

Formal Probate

• More costly and time consuming than Informal
• Some court supervision
• May be appropriate where there is a contest of the will, irregularity in the will, there are heirs who are minors, or there are objections as to who should be the personal representative.

Supervised Probate

• The court oversees nearly every aspect of the probate administration
• May be necessary if specified in a will, insolvency of the estate, or if it may be otherwise needed to protect an heir, creditor, or other interested person

Different Problems That May Arise During Probate Process in Arizona

• Someone contests the will:

This is not uncommon in Phoenix probate court, especially if the will in question has expensive assets or if someone believes that they were wrongly left out of the will. Although there is not something inherently wrong with contesting a will, it can make matters complicated. A person may rightly believe that the will does not accurately reflect the decedent’s wishes, or they may be in it for their own good. Whatever the case, it is best to have probate assistance with an attorney there.

• The executor complicates the process:

This can come by way of either not filling their role as executor of the estate or by not fulfilling their duties appropriately. If they choose not to fulfill the role, this means that the court will need to appoint someone else, and this could take longer. Or, if they are not acting out of respect to the wishes in the will, you should have an attorney to help remove them from this position.

• You cannot locate all of the assets:

This can make things very complicated, and it can truly draw out the probate process. To deliver assets to the right people or groups, you have to know where they are in the first place. If you cannot locate an asset, your attorney may be able to help you with a paper trail. Our probate attorneys know that this problem can be avoided altogether if the decedent left clear instructions for locating assets before passing away.

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