Simplifying The Legal & Administrative Process Of Probate
Simply put, probate in Arizona is a court-supervised procedure that helps to ensure the legal transfer of assets from the deceased to the rightful heirs or beneficiaries. It tends to be a very expensive, time-consulting and public process.
The easiest way to avoid the probate process is to plan; but if you are now in a situation where you must go through probate courts to finalize the estate of a loved one, the best thing you can do is get educated and get help to complete the process as quickly, and cost-effectively, as possible.
Contact us today to get started.
Probate Frequently Asked Question
HOW IS A PROBATE STARTED IN ARIZONA?
Although any beneficiary or creditor can initiate probate, normally the person named in the will as the Executor starts the process by filing the original will with the court and filing a Petition with the probate court. If there is no will, typically a close relative of the decedent who expects to inherit from the estate will file the Petition.
HOW IS THE EXECUTOR CHOSEN?
HOW DOES THE EXECUTOR GET PAID?
COULD I BE HELD PERSONALLY LIABLE FOR MAKING A MISTAKE AS AN EXECUTOR?
Being an Executor is a big responsibility. Arizona’s probate code contains pages upon pages of complex legal rules and procedures that an Executor must follow during the probate. Also, there are certain deadlines that an Executor must meet in filing papers with the Court. If an Executor violates any of these rules, they can be held personally liable for losses to the estate.
MY LOVED ONE HAD A TRUST…WILL WE NEED TO GO THROUGH PROBATE?
WHY IS THAT?
WHAT ASSETS ARE SUBJECT TO PROBATE?
Assets owned solely in the name of the deceased person are subject to probate. Assets that pass by means of title, such as real estate titled as “Joint Tenants with Right of Survivorship,” or bank accounts titled as “Transfer On Death” are not subject to the probate process. Assets that pass by means of a beneficiary designation, such as life insurance or some retirement accounts, are also not subject to probate. In some situations, however, assets that would otherwise pass by title or beneficiary designation can be subject to the probate process. Talk to an attorney if you have questions about your specific situation.
HOW IS DISTRIBUTION OF THE ESTATE HANDLED IF THERE IS NO WILL?
HOW LONG DOES PROBATE TAKE?
HOW MUCH DOES PROBATE COST?
Get The Right Help
The best way to ensure your probate is done right is to choose your attorney wisely. Do not assume that all attorneys are the same! Too many lawyers only “dabble” in probate or trusts. Don’t choose a lawyer who does probate as a sideline because these lawyers often blunder causing real problems for their client and their cases often take longer than those handled by experienced probate lawyers.
Probate & Beyond
If you’re ready to get started with the probate process after the passing of a loved one, please contact our experienced Maricopa County probate attorneys at 480-949-6500 or schedule your complimentary 15-minute consultation to help determine your next best steps. We are here in service to making this all as easy as possible on you.