Archives for December 2021

The death of a loved one can be emotionally overwhelming and dealing with the probate process can add further stress to a grieving family. Understanding the probate process may help alleviate some of that stress.Probate involves dissolving and legally distributing the assets of an estate to the beneficiaries. Probate is necessary to make sure the deceased’s assets aren’t left frozen in their name or seized by their creditors. After a Personal Representative initiates the probate proceedings, the Probate Court then supervises the estate process to its completion.What is the General Probate Timeline or Process in Arizona?An Arizona probate process will be necessary for those who die without proper estate planning in place. This process typically occurs in the following steps:Filing- The Personal Representative (“Executor”) files the will and a request to be named Personal Representative with the Probate Court.Court Approval- The Probate Court approves the probate proceedings, validates the will, and appoints the Personal Representative.Notice- The Personal Representative publishes notice that a probate has been filed and publishes notice to all potential creditors.Dissolving and Distributing Assets- The Personal Representative begins the process of paying bills, collecting assets, selling and distributing the assets.Closing- Once all assets have been distributed and debts have been resolved, the Personal Representative files either a closing statement (in an informal probate proceeding) or a petition with the Court (in a formal probate proceeding) to close the estate.What are the Types of Arizona Probate Proceedings?In Arizona, there are several types of Probate Proceedings:Informal: Informal probate is for those estates where there is an original will, or there is no disagreement between all the heirs. This type of probate tends to be less expensive than formal probates and generally doesn’t require any court hearings.Formal: A formal probate proceeding occurs when there is a dispute about the will, heirs, or there’s a disagreement about who should be appointed Personal Representative. These proceedings are more complicated and often require multiple court hearings, depositions, and discovery. Throughout the probate proceedings, the court will make sure that the probate laws in Arizona are being followed properly.Supervised: A supervised probate is usually required when the interests of a creditor, inheritor, or other interested party needs to be protected. During a supervised probate, the court oversees every step of the probate process and requires court permission before the Personal Representative can take any actions. Anyone with a personal interest in an estate can request a supervised probate.Keep in mind, probate proceedings are public record. This means that they are readily available for anyone in the public to view either online or at the court. If you would like your personal information to remain confidential, it’s especially important to work with an experienced probate attorney in Arizona to ensure that your assets and privacy are protected.What is the Difference between Testate and Intestate?Testate: The deceased passed away with a valid Last Will.Intestate: The deceased passed away without a valid Last Will.The Arizona probate process is required when someone dies intestate. If you die without a valid will, the laws of Arizona will dictate who gets your assets. Arizona probate laws typically follow bloodlines and distribute the assets to the legal heirs. Typically, the surviving spouse is the first on the list. The Arizona probate process is also required when someone dies testate (with a valid will) but had assets in excess of the small estate thresholds.How Long Does Probate Take in ArizonaAccording to Arizona law, probate proceedings must be kept open for at least 4 months to allow any creditors to make their claims.Informal probates typically last between 6-8 months, depending on how quickly the Personal Representative completes their required duties.Formal and Supervised probates can last a year, or longer, depending on the complexity of the case.The probate process is considered complete once the Personal Representative has:Paid all of the deceased person’s bills,Sold and/or distributed all of the estate assets,Filed a final tax return for the deceased person,Resolved all of the deceased person’s affairs, andFiled a request to close the probate with the Court.Contact UsIf you need help with the probate process, or if you would like to begin the process of creating your estate plan, contact an Arizona probate attorney today. The compassionate lawyers at Brown & Hobkirk, PLLC will ensure that your estate is set up properly to help protect your family.Kyle BrownKyle primarily focuses on representing clients in serious personal injury claims and wrongful death cases. He also assists clients with estate planning, estate administration, divorce, family law and other related legal matters.Read Morewww.brownhobkirk.com/about-us/kyle-brown/

Archives for December 2021

The Probate Timeline in Arizona