Arizona Probate Lawyers

Helping Executors Through the Probate Process

If you’re the executor of the will of a loved one who recently passed away, you may be concerned about probate. This legal process is often necessary when someone dies and leaves behind assets, and unfortunately, it can be quite complicated. This is why you should talk to an Arizona probate lawyer for legal services during probate.

At Metropolitan Law Group, our Twin Cities probate lawyers have been through the probate process with clients numerous times and can walk you through it from start to finish. You shouldn’t have to worry about complex legal processes of probate law while you mourn the death of someone close to you. Instead, let a probate lawyer from our law firm answer your questions when it comes to the estate administration of a loved one.

What is Probate?

The probate process is initiated soon after someone’s death to start settling the estate plan. When someone passes away, the executor that they appointed in the will – or a court-appointed personal representative if they did not have a will – is supposed to administer the estate so that beneficiaries can get the assets left to them by a loved one.

But before this can occur, an Arizona judge must verify the will’s validity, if there is one. They also have to notify all beneficiaries and creditors of the death and then identify and appraise the assets. Finally, they need to ensure creditors have been paid, at which point the executor can start distributing assets to the beneficiaries according to the wishes in the will. The probate procedure can be complex and often takes months, but an Arizona probate lawyer can provide legal support throughout.

When is the Probate Process Initiated?

In most probate cases, probate will still be necessary even if the deceased person has a will. More specifically, probate is required if the deceased person’s assets, such as owned property, are in their name only or if they had more than $75,000 of personal property in their name alone.

So, if they owned a house in joint tenancy with a spouse and did not own at least $75,000 worth of personal property in their name only, probate may not be required. However, if they owned a home in their own name, probate would be necessary.

If you’re not sure if you should expect to go through probate as an executor of a loved one’s estate, a Arizona-experienced probate attorney who has experience with probate and estate planning can let you know this information. Come to our Twin Cities law firm today to get the answers you need about the Arizona probate process from an experienced probate attorney.

What Are the Steps to the Arizona Probate Court Process?

The first step of the probate process is to locate a last will and testament, if such a will exists. Wills nominate individuals to act as their personal representatives (also known as estate executors or estate administrators). If an individual has been nominated, this matter must be taken to probate court, wherein the court will officially appoint the nominated individual to administer the estate. If no such will exists or the nominated personal representative is unable or unwilling to accept their responsibilities, the court will appoint a different personal representative of their choosing.

If there are any complications with estate planning matters or the will, a court hearing will be called to discuss the will, validate its contents, and listen to the beneficiaries’ objections.

All heirs and beneficiaries must receive notice that a petition to the probate court has been filed. This notice allows beneficiaries time to object to the petition for personal representative and contest the will if they so choose. Arizona law requires the publishing of the notice of petition in Arizona newspapers.

Once the personal representative has been appointed, it is their responsibility to review all of the estate debts, determine which creditor claims are valid, gather all estate assets, and appraise those assets. In addition to pre-existing debts, such as credit card debts, mortgages, and loans, a final tax return must be filed for the estate, and taxes must be paid. Funeral expenses must also be paid.

If there are not enough estate assets to settle all debts and pay all creditors, Arizona law contains a priority list that establishes the debts that must be paid. If personal representatives fail to follow these laws, they may be held liable for unpaid debts. For this reason, and so many others, it is essential to work with lawyers with experience practicing law in probate court.

When all financial obligations have been met and creditor claims have been satisfied, the personal representative locates and identifies all named beneficiaries of the will. If there are any remaining estate assets, the personal representative must distribute them according to the final wishes of the deceased. If there was no will, the property would be distributed according to intestacy laws.

There may be additional challenges along the way during probate proceedings. Will contests, estate litigation, objections to personal representatives, and other legal matters have been known to arise during the probate process. It is highly recommended that personal representatives and estate executors, as well as any other interested parties, retain professional legal representation from experienced probate lawyers to represent their legal needs.

At Metropolitan Law Group, we practice law with compassion and a high attention to detail. We understand that, for our Arizona clients, these legal matters are not mere cases; they are very personal issues that deserve respect and care. We have proudly served Arizona and nearby cities for years and would be honored to represent your interests throughout the probate process. Schedule a free consultation with our legal practice today.

What Are the Main Types of Probate in Arizona?

In Arizona, you have the option of informal or formal probate. Most estates go through informal probate, which is ideal for simple situations. For instance, if the deceased did not have minor children or real estate, and no one has disputed anything regarding the estate, informal probate may be the right choice. This involves very little court supervision, though you will have to fill out a lot of paperwork and submit several documents.

The formal probate process is more suitable for slightly more complex estates, such as when beneficiaries disagree on terms, the beneficiaries are minor children, or there are unknown heirs. In addition, if there are any probate disputes surrounding the will’s validity or if the estate owes creditors a lot of debt, formal probate may be necessary. When this occurs, a judge will have to closely supervise the legal probate process.

Did the Deceased Have an Estate Plan?

There is a misconception that estate planning is something reserved only for the super-wealthy or those with significant assets. But even smaller estates benefit from estate plans. If you are getting married, divorced, welcoming a new child into the family, starting a business, or buying a new home, it is time to create or update your estate plan.

When a person dies, probate matters are much simpler, faster, and less expensive if the deceased had a valid estate plan in place before their death. Without an estate plan, which could include a will and trust, probate issues are likely to become more complicated, with important decision-making taken out of the hands of the decedent and their family members.

While there is no such thing as planning too soon, there is such a thing as waiting until it is too late. If the person has already passed away and had no estate plan in place, then it is too late. If you are the executor or an interested party during the probate process for a recently deceased loved one, please take this tragic occurrence as evidence that you need to begin estate planning for your own needs as soon as possible. Our estate planning law firm represents clients and several practice areas, including the creation of wills, trusts, powers of attorney, business succession planning, health care directives, conservatorships, and guardianships.

What Are Common Issues During the Probate Court Process?

Several issues may arise during the probate process in Arizona.

The personal representative or executor plays a key role in asset management. This responsibility involves keeping up with insurance payments, maintaining estate property, evaluating assets, and more. This can be a big responsibility, one that is recommended to retain professional legal counsel.

Debt management also plays a key role for the personal representative. The decedent’s assets may be used to pay off any outstanding debts, altering how the beneficiaries proceed with the will and ultimately receive their inheritance.

If necessary, the personal representative may have to take out a loan for the estate while assets are sold, which will then be repaid before the distribution of assets to beneficiaries.

Depending on asset values, the personal representative may also need to file an estate tax return.

The four most common types of estate assets involved in probate proceedings are real estate property, bank accounts, personal possessions, and motor vehicles. In some cases, it may be necessary to sell off real estate property. This can take a significant amount of time. However, it may be necessary, as multiple beneficiaries may hold an interest in the property but are unable to share it equally without selling it.

The personal representative is responsible for keeping all beneficiaries and interested parties updated on the probate process to satisfy lingering questions and quell discontent.

How Are a Decedent’s Assets Distributed if There Was No Will?

When a person dies without a will, it is known as passing away intestate. In such circumstances, estate assets will be distributed according to state intestacy laws. Arizona intestate laws determine who will inherit the deceased assets after passing away. In most cases, the remaining property will go to a surviving spouse or children.

Probate attorneys help with intestate cases by assisting the estate administrator in the distribution of assets according to state laws. As the personal representative is bound by intestate laws, they may be forced to go against the deceased’s known final wishes or the needs of family members when distributing estate assets. This can be an unpopular position to be in.

Contact our Arizona law office to schedule your free, no-obligation case evaluation today.

How to Avoid Probate Matters?

The probate process can be complex, time-consuming, and expensive. If possible, it is recommended that estates attempt to avoid probate. This can be accomplished by putting estate assets into a trust instead of a will. When a person dies and leaves behind a will, the will is read in probate court, and that is where all legal matters are decided. The probate will need to conclude before assets are allowed to be distributed to beneficiaries, which may take several months. When assets are put into a trust, on the other hand, they are transferred to beneficiaries almost instantly upon death, without the need to go through probate.

What is Probate Litigation?

Litigation involves the filing of a lawsuit by a beneficiary or interested party against the estate administrator or executor. Probate litigation cases often involve a beneficiary seeking to obtain their rightful inheritance or otherwise challenge the actions of the estate executor. When going through probate litigation matters, it is highly encouraged that interested parties retain professional legal counsel from experienced probate attorneys.

Interested parties cannot simply state that they believe something is wrong with the state to contest a will or trust. They must provide evidence and supported grounds for estate litigation.

Valid grounds for contesting wills and trusts in Arizona include the following:

• A belief that the deceased was not of sound mind when they signed the legal documents for a will or trust.
• Allegations of undue influence by a third party in the writing or updating of an estate plan document.
• There have been accusations of fraud, with the belief that the estate holder was deceived about the contents of their estate plan when they drafted the documents.
• Void due to vagueness in the language of the estate planning document.
• Breaches of fiduciary duties.

What is a Breach of Fiduciary Duty?

Executors, trustees, personal representatives, and estate administrators are all fiduciaries with legal obligations under the law. They must properly manage the assets of the estate in accordance with the instructions of the estate planning document and in compliance with state laws. A standard of professionalism is required of fiduciaries in order to ensure that estate assets are not lost due to waste, misallocation, fraud, or mismanagement.

Estate beneficiaries can challenge negligent or willfully unlawful fiduciary conduct and demand full accountings of the estate assets by taking legal action.

Our Arizona law firm has years of experience representing beneficiaries and executors in these types of matters. To learn more about your legal rights in these types of cases, please get in touch with our Arizona law offices today.

How Long Does the Probate Process Take in Arizona?

In Arizona, the probate process can take anywhere from a few months to 18 months to resolve. Larger estates, will contests, and other issues may prolong the process.

Some probate lawyers are able to close estate matters faster than others because of their knowledge and experience. When dealing with these complex processes, it is essential to retain professional legal representation from an experienced probate lawyer.

Is it Necessary to Work with an Estate Planning and Probate Lawyer?

While it is not required by law for you to retain legal representation for the probate process, it is nonetheless highly recommended that you do so.

Our legal services include the following:

• Preparing and filing legal documents on time and in proper order.
• Help our clients understand the probate process and determine whether they can avoid it entirely.
• Providing legal representation to our clients in courtroom settings.
• Protecting the interests of the estate.
• Ensuring that the estate executor complies with complex probate laws at all times.
• Navigating the complicated tax laws that may apply to the estate.
• Providing legal guidance in the settling of debts and legal disputes that may arise.
• Assisting with the distribution of estate assets according to the final wishes of the deceased. If there is no will, we assist in the distribution of assets according to intestate laws.
• And, eventually, legal help with the closing of the estate.

Schedule Your Free Initial Consultation with an Experienced Probate Attorney Today

Whether you’re expecting to go through formal or informal probate, you can benefit from hiring an experienced probate lawyer. After all, when you’re responsible for legal documents and administering assets to the heirs of the deceased, you want to make sure you don’t make any mistakes. Overlooking even a few minor details could make a big difference to the beneficiaries of your loved ones, so hiring a probate lawyer is an excellent way to have peace of mind during the probate process.

If you need legal guidance while identifying assets, paying taxes and other debts, and distributing assets to beneficiaries, a probate lawyer can help. Call our Arizona law firm at 480-405-1970 to discuss your next steps.