Archives for April 2024

Many people put off drafting a will. For some, addressing end-of-life matters can feel uncomfortable. Others delay simply because they believe they have plenty of time left. However, dying without a will in Arizona can have significant legal consequences. Without a will, the court decides what happens to your assets — and those decisions may not align with your preferences.The attorneys at Brown & Hobkirk, PLLC are committed to guiding clients through the essentials of estate planning in Arizona. We can explain the importance of a will and its role in dictating how property distribution, inheritances, and other estate matters will be resolved after you die. Effective estate planning can safeguard your legacy and provide for your loved ones.Ready to learn more? Call or contact us today for a free consultation with one of our experienced estate planning attorneys.Intestate Succession in ArizonaIf you pass away without a will in Arizona, your estate is distributed in accordance with Arizona intestate succession laws. These laws generally determine who inherits your assets based on family relationships.Priority is initially given to immediate family members. These relatives include:Your surviving spouseYour surviving childrenThe process becomes more complicated when several children or stepchildren are involved. Additionally, if you don’t have a spouse or children, other family members, such as grandchildren, parents, or other descendants, may be legally entitled to your assets.One of the most compelling reasons to draft a will is because Arizona’s intestate succession statutes may not reflect your wishes or provide for your chosen beneficiaries. Let’s say you have a strained relationship with a family member and don’t want them to benefit from your assets upon your death. Without a will specifying otherwise, they could stand to inherit your property simply by their place in the line of succession. If no one makes a claim on an intestate estate, it passes to the state of Arizona.The Impact on Your AssetsArizona community property laws also play a crucial role in how property is distributed for married couples. These statutes specify that anything acquired during marriage is considered jointly owned and could automatically go to the surviving spouse. This can further complicate matters, primarily if no documentation exists proving the joint ownership of the property. Your spouse may also receive all or part of any separate property (property acquired before marrying).However, your entire estate is not affected by Arizona intestacy laws. These laws only affect property that must go through probate. Any assets with a named beneficiary will transfer to that individual even if you don’t have a will. Examples include:Trust fundsProceeds from life insurance policiesRetirement account moneyPayable-on-death brokerage or bank accountsProperty with a transfer-on-death deedProperty owned in joint tenancy, such as homes or carsArizona Probate ProcessIf a loved one dies without a will, the family of the decedent (the person who died) must go through the probate process. This process includes:Appointment of a personal representativeThe first step is to have the probate court name someone as the estate’s personal representative (executor). This is done by filing a petition in the county where the deceased lived.The personal representative will oversee the estate administration and the property division. Arizona law dictates who may be appointed as personal representative. If there was a will, the named executor would be the personal representative.If the decedent died intestate, the order of priority for people eligible to be the personal representative, they must be over age 18 and the decedent’s:Surviving spouseAdult childSurviving parentsSiblingOther relationships could decide who is named the personal representative. For example, if the decedent had someone entitled to their property, that person could be appointed. If they served in the military, the court may appoint the Arizona Department of Veteran’s Services as the personal representative. After 45 days, creditors and the public fiduciary of the decedent’s county may also be named. Notification of probate proceedingsThe personal representative must notify all interested parties of the probate proceedings. These parties may include family members, business associates, and creditors.Identifying and Inventorying the AssetsThe personal representative will identify all the property in the estate and inventory each item. This includes all assets the decedent owned at the time of death, such as:Bank accountsReal estatePersonal propertyInvestment accountsPaying DebtsThe personal representative must notify the decedent’s creditors of their passing. Creditors have a limited time to make claims against the estate. If there are any claims against the estate, the personal representative must pay any valid debts and expenses from the assets. If the federal estate tax is due, the personal representative will also pay that from the estate. Arizona has no estate tax. Asset Distribution After paying all debts and expenses, the remaining assets are split among the heirs according to Arizona intestate succession laws. The court will close the estate once the debts and taxes are paid, and the assets are correctly distributed among the entitled heirs.How Dying Without a Will Affects Your Loved OnesDying intestate can have an overwhelming emotional and financial impact on your loved ones. The probate process can be costly and stressful. Disputes may arise over asset distribution or guardianship in Arizona. Without a will, the court will decide who becomes the guardian of your minor children, which could lead to a contentious custody battle. Effective estate planning can avoid these complications by giving your family clear direction regarding how you want your affairs handled after your death.How to Create a Will in ArizonaDrafting a will does not have to be a complicated process. You must be 18 or older. Arizona requires that the document be written and signed. Two individuals who will not inherit anything from the estate must also sign as witnesses.In your will, you must name a personal representative and clearly specify how you want your property distributed among the parties named in the will. If applicable, you should also designate a guardian for your children.Hiring a lawyer is not required to create a will in Arizona. But because wills can be contested and deemed invalid, you could put your entire legacy on the line without a properly executed document. Working with a skilled estate planning lawyer can ensure your will complies with state and federal laws and accomplishes your final goals.Contact Brown & Hobkirk, PLLC TodayA will can give you peace of mind and a firm understanding of who will inherit your property when you pass away. It also ensures your wishes are respected and protects your loved ones from the added burden of legal complications during a time of loss.The Arizona estate planning lawyers at Brown & Hobkirk, PLLC have over two decades of experience guiding individuals and families through the estate planning process. Our law firm takes the time to build a personal relationship with every client to understand their unique needs and end-of-life wishes.For more information on drafting a will in Arizona, contact us today for a free consultation with a knowledgeable estate planning attorney. 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 April 2024

What Happens If I Die Without a Will in Arizona?