Upon passing away, a person’s final affairs must be addressed. Most of the time, Arizona law allows for the completion of this process in a fairly expeditious manner. Complex estates and dynamic family structures sometimes require court involvement in the estate administration process. This process is commonly known as probate. People often attempt to avoid court processes, and take measures to avoid probate. Attorneys experienced in the probate process are well-suited to assist in administering a probate estate to simplify the process for you. Mushkatel, Gobbato, & Kile, P.L.L.C., can help you navigate the probate court process and handle your loved one’s final affairs in a timely fashion. To learn more, contact us today and schedule a consultation with one of our probate lawyers through our Surprise office.
What Is Probate and When Is it Required in Arizona?
In Arizona, a probate estate can be resolved in one of three ways:
- Small Estates (Informal Probate)
The small estates process does not require probate court supervision. Instead, the estate is handled through the use of affidavits and other paperwork. A relative usually completes forms necessary to wrap-up the final affairs, but only certain surviving family members can use an informal probate process. They include:- Spouses
- Adult children
- Parents
- Siblings or half-siblings
- Other heirs in the line of succession.
Additionally, a person nominated as a personal representative in the person’s will or a creditor (once 45 days have passed since the death) can use the small estates process. To take advantage of the small estates process, all claims must be paid, federal tax filings must be complete, and any real property in the estate must be worth less than $100,000.
- Regular Estates (Formal Probate)
The traditional formal probate process is necessary when more than $75,000 in assets or other reasons for using the court exist, including disputes, lawsuits, contested claims, creditor disputes or a will contest, etc.). This just means you must file official court documents and provide proper notices to all involved parties. - Regular Estates (Supervised)
If there are disputes or fights over assets, a proceeding may become supervised. This means the probate courts will require regular reports and accounting of all the debts and assets. This is designed to keep transparency and avoid any concealed assets.
Despite common misconceptions, most assets that people have are actually not subject to probate. For instance, most pensions, retirement accounts, and life insurance policies will have a beneficiary designation. If so, the money passes directly to those individuals without being considered a probate asset. This applies to real estate and bank accounts that have a surviving joint tenant or designated beneficiary. Likewise, trust assets typically are not a part of the probate estate. Having a will generally does not determine whether you require a probate estate to be opened, but rather merely states the deceased person’s wishes and often is intended to ease the burden on family members surviving the decedent.
How Does the Probate Process Work in Arizona?
Anyone dealing with the loss of a loved one should not be confronted with the many complex legal issues surrounding wills and estates under Arizona law without the help of a legal professional, especially if a case must go through the formal probate process. A summary of the process:
- Filing a petition to appoint a representative – The first step is for a party who is entitled to act as a representative to petition the court for the job. If there is a will, this individual will be listed. If not, Arizona probate law determines who is entitled to act as the representative.
- Notice – All surviving relatives must be provided with due process and proper notice. They must either consent to the representative’s appointment or dispute it.
- Admission of a will – If there is no will, then Arizona’s intestate succession law will dictate who receives what share of the estate. If a will exists, all beneficiaries who are named in the will must be given time to contest the will if they wish to do so.
- Administration – If no disputes exist surrounding the will, the representative will have the responsibility of paying creditors, resolving any claims against the estate, filing a final tax return for the decedent, and collecting any potential assets such as real estate, business interests, bank accounts, and retirement accounts.
- Closing the estate – Once all claims are paid, and all heirs and other parties involved have received their distributions from the estate, a judge will review the file and close the estate.
What Is the Best Way to Resolve a Probate Dispute?
If you have concerns about a dispute regarding the closing of an estate, you should get help from an estate litigation attorney in Surprise as early as possible. You should not distribute funds or attempt to use estate funds for any purposes until you have spoken with a probate attorney first. A preferred method of dispute resolution may be through carefully handled negotiations. Often, our skilled attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C. can diffuse differences and help people reach common ground. That said, we are prepared to protect your rights and interests in court if necessary.
Our Surprise Probate Attorneys Are Ready to Help You
If you are experiencing any issues with the resolution of a deceased’s final affairs, our skilled Surprise probate law firm can assist you. We can help restore order to what can often be a complex and confusing process. We focus on the needs of our clients and cut through the legal jargon to help our clients understand the issues involved in the process. To learn more, contact us and schedule a consultation through our Surprise office. We will thoroughly explain your options and help you understand what to expect during the informal, formal, or supervised probate process.
Visit Our Surprise Probate Law Offices
About the Author
Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…
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