Archives for May 2023

Navigating probate court in Arizona can be a complex and time-consuming process, especially if you’re unfamiliar with the rules or court process. Whether or not your estate goes through probate will depend on your assets and estate planning documents.Below you will find an overview of the Arizona probate process and four steps to help guide you. This process is different for each state and also varies depending on the individual circumstances for each estate. It’s strongly recommended that you hire an experienced probate attorney to help you through the probate process.Step 1: What is Probate Court in Arizona and When is it Required?Probate is the legal process of administering a deceased person’s estate, including the distribution of assets and payment of debts. Not all estates require probate court, so your first step will be to determine if probate is required.If the deceased didn’t have a will, probate may be necessary to distribute their assets.If the deceased had a will, probate may still be necessary to distribute their assets and ensure the will is followed.If the estate is valued under $100,000 for real property and under $75,000 for personal property, it’s considered a small estate. A small estate may not require probate but may need a small estate affidavit to be filed instead.Step 2: How to Initiate a Probate Case in ArizonaFile Petition– If you determine that probate in Arizona is necessary, you will need to initiate a probate case by filing a petition with the Arizona probate court. You will need to file this petition in the county court where the deceased person lived. You will need to provide the following in your petition to the court:Death certificateThe will (if there is one)Any other relevant documentsNotify Interested Parties– Once you have filed the petition, you will need to notify all interested parties, including beneficiaries, heirs, and creditors.Appoint a Personal Representative– The personal representative will be named in the will of the deceased. If the deceased didn’t have a will, the court would appoint someone to manage the estate.Step 3: Manage the EstateThe personal representative is responsible for managing the estate, including gathering and valuing assets, paying debts and taxes, and distributing assets to beneficiaries according to Arizona probate laws.File Inventory– The personal representative must file an inventory of the estate’s assets with the court, within 90 days of being appointed.Pay Debts and Taxes– The personal representative is responsible for paying any outstanding debts and taxes of the estate.Distribute Assets– The personal representative can distribute the remaining assets to the beneficiaries, according to the will or Arizona law, after all debts and taxes have been paid.Step 4: Close the EstateThe personal representative can close the estate by filing a final accounting and asking the court to discharge them from their duties. They can do so once all assets in the estate have been distributed.Understanding the Probate Process in ArizonaIt’s important that those going through the probate process, either as a personal representative or as the beneficiary, understand the probate rules of Arizona. Being familiar with these rules and the Arizona probate process will help you make informed decisions and protect your rights.Trying to probate an estate yourself can lead to costly mistakes that can cause family estrangement. For this reason, it’s important that you make well-informed decisions; this begins with contacting an experienced attorney.Required Documents and Information for the Probate Process in ArizonaThe specific types of documents and information you may need to probate an estate depend on the circumstances of each estate. A probate attorney can assist you with making sure all the necessary documents are filed with the court and in compliance with Arizona law.The following is a list of the most common documents/information you may need to probate an estate in Arizona:Death certificate– A certified copy the death certificate is required to begin the probate process.Will– If the deceased had a will, the original document must be filed with the probate court.Petition– A petition must be filed with the probate court to begin the probate process.Inventory– You will need a list of all estate assets filed with the court. This can include real estate, personal property, and bank accounts.Creditor claims– The personal representative is required to file notice to all creditors of the estate and to pay all outstanding debts before they distribute assets to the beneficiaries.Beneficiary information– The names and addresses of all beneficiaries named in the will, and any heirs under Arizona law, must be provided to the court.Tax returns– The personal representative must file all required federal and state tax returns for the deceased and the estate.Contact UsAt Brown & Hobkirk, PLLC our team of experienced Arizona probate attorneys can help provide you with the probate guidance you need.We specialize in all kinds of probate, trust, and estate litigation disputes in Arizona. Our attorneys have years of experience fighting for the rights and interests of our clients in Scottsdale, Phoenix, Chandler, and Peoria.Contact us today to schedule your consultation.Robert HobkirkRobert Hobkirk is a partner at the law office of Brown & Hobkirk, PLLC. He represents clients in legal matters involving trusts and estates, wills, probate law, and estate litigation, among other areas.Read Morewww.brownhobkirk.com/about-us/robert-hobkirk/

Archives for May 2023

How to Navigate Probate Court in Arizona: A Step-by-Step Guide