When Do You Need a Probate Attorney in Arizona?

The death of a loved one is an extremely emotional and stressful time. It can be easy to become overwhelmed with managing and balancing everything required to close out a deceased loved one’s estate, especially when Arizona Probate law can be so time consuming. This is why it’s highly recommended that you contact an experienced Arizona Probate lawyer.

Your attorney can help ensure the proper Probate steps are followed and can help guide you through this tedious and often complicated process.

What Exactly is Probate?

Probate is a Court process that oversees the administration of an estate after a person has died. During Probate, estate assets are distributed to beneficiaries, heirs, and/or creditors. Any outstanding debts of the estate are also settled and paid prior to the assets being distributed.

The Probate process is usually directed by a will that the deceased executed prior to death. If a person died without a will (or the will is contested), their estate will be distributed by the Probate Court (so long as the estate meets certain criteria, such as being valued under $100,000).

Why Do I Need to Hire a Probate Lawyer to Handle Probate?

When faced with having to Probate an estate, many people may ask themselves, “is a Probate attorney necessary”? The answer is yes and there are many reasons why hiring a lawyer to handle a Probate is not only helpful, but necessary:

• A Probate lawyer can make the Probate process more efficient: A skilled and proficient Probate attorney will use their years of experience to streamline the entire Probate process for you. They can assist you with seeking an appointment by the Court as a Personal Representative of a deceased person’s estate, preparing Court filings, and the distribution of assets according to a will or Arizona laws. They can help sort out the technical legal distinctions to classify which assets must pass through the Probate, and which assets can pass outside of the Probate process. Lawyers can also assist in communicating with heirs or beneficiaries (or their attorneys) to efficiently resolve the estate, regardless of whether it’s an estate going through Probate in Arizona with a will or without a will. You will find that working with a Probate attorney will result in a quicker and more efficient resolution of the estate.
• A Probate lawyer can mediate between family members: Family conflicts during the Probate process are very common. There are often disagreements about the deceased’s assets and property (ex: heirlooms or real estate). There can be disagreements about the contents of a will, whether there was undue influence, whether the will was properly executed, or who has been named as a beneficiary. Perhaps the deceased failed to leave a will all together. Your Probate lawyer’s goal will be to resolve any conflicts and to settle the estate.
• A Probate lawyer can help resolve technical issues: Depending on the estate, there may be complications with administering the estate due to complicated trust or tax provisions. An experienced Probate lawyer will have the solutions to help manage these issues.
• A Probate lawyer can also assist you with navigating the Court-ordered Probate process: An attorney will be experienced with the rules and deadlines for discovery, Probate laws in Arizona, presenting evidence to the Court, and following all the proper rules. If you’re involved in a contested Probate dispute, you’ll want to make sure you have someone on your side to help preserve your rights and ensure the deceased’s wishes are followed.

What are the Different Kinds of Probate?

Arizona offers the following types of Probate:

1. Formal- When there is a disagreement regarding the validity of a will, who should be the personal representative, or how the will should be interpreted.
2. Informal- When there is a valid will, no disagreements, and little Court oversight required for the personal representative to complete their duties.
3. Supervised- The Court is required to supervise each step of the Probate process. This usually happens when/if the Court is concerned about protecting the rights of an heir, beneficiary, or creditor.

What is the Process of Probate?

The probate process can vary depending on the complexity of the estate, but it typically
follows the following steps:

• The Court appoints a personal representative
• The Court validates the will
• The deceased’s assets and debts are itemized and inventoried
• Estate assets are appraised
• Estate debts and taxes are paid
• Remaining assets are distributed according to the will or Arizona law (if there is no will)

So, how long does Probate take in Arizona? Typically, a simple estate without any complications may take between 9-12 months to Probate. But, for larger or contested estates, it could take 2 or more years to complete the process.

Contact Our Probate Lawyer

Regardless of your relationship to the deceased’s estate (personal representative, heir, beneficiary, or creditor), you could benefit from the advice of an experienced Probate attorney at Brown & Hobkirk.

Contact our probate lawyer today to learn how a probate lawyer can help you with your Probate matter.