PROBATE

Dealing with a death in the family can be an overwhelming and emotional time. I can help you navigate the intensive paperwork involved with an uncontested, informal Probate.

Probate is the legal process which establishes the validity of the Will and oversees the actions of the Personal Representative. The Personal Representative is responsible for wrapping up the estate and making the distributions according to the terms of your Will, if there is a Will, or according to the laws of intestacy if the person died without having a Will. In essence, the Personal Representative is signing on behalf of the deceased to transfer the titles and deeds and other assets to the beneficiaries or heirs.

Probate is a time-consuming process designed to enable the proper transfer of the decedent’s estate to the rightful beneficiaries. Outstanding debts and taxes can also be settled through Probate. A four-month notice must be published in a local newspaper, at the end of which all creditors must have filed any claims that they have. The balance of the estate or property following settlement of these debts and taxes is then distributed to the beneficiaries. The nature of Probate means that if there is no estate or property to be distributed then there is no need to go through Probate.

If a person dies without a Will ("intestate"), the Probate Court appoints a person to receive all claims against the estate, pay creditors and then distribute all remaining property in accordance with the laws of the state. The major difference between dying testate (with a Will) and dying intestate (without a Will) is that an intestate estate is distributed to beneficiaries or heirs in accordance with the distribution plan established by state law; a testate estate (after payment of debts, taxes and costs of administration) is distributed in accordance with the instructions provided by the decedent in his/her Last Will and Testament.

Sometimes, depending on what assets are left behind, it may not be necessary to file an informal Probate. Arizona utilizes Small Estate Affidavits for use in certain circumstances when minimal assets are involved.

I offer a free consultation in order to meet with you and discuss your particular situation. I would then be able to inform you which process is needed to handle the estate.