Flagstaff Probate Lawyer

Losing a loved one can be a painful and difficult process. One of the last things people want to deal with during these times is unresolved estate issues and debtors. This is why it can be beneficial to hire a probate attorney to handle any outgoing debts and petition proceedings.

Probate is the legal process of paying debts and distributing assets belonging to heirs after someone passes away.

Probate matters arise:

  • when someone who has passed has not provided legal documentation that outlines the beneficiaries of their assets and the execution of the distribution of those assets to the beneficiaries (commonly found in a trust)
  • or if a person has left solely a will.

Beneficiaries are persons who have present or future interest in a trust, have appointed power over trust property, and/or someone entitled to receive trust income.

While probate law differs between states, in Arizona probate is only a necessary process if someone passes away with assets still titled in their name.

While a will can outline a person's wants for the distribution of their assets and to whom that responsibility will fall to, a will alone does not have the legal authority to name any designated individual as a personal representative of an estate. There must be a signed order by a judge to vest any one person with that authority. However, usually when you are left with a will, this process can be relatively simple.

Generally, there are two different types of Probate cases: Informal and Formal Probate.

Informal Probate

Informal probate cases are cases where the deceased individual has left behind a will that is original, executed and unrevoked, and has designated a personal representative to execute it. To find out what qualifies as a valid will see here. However, the will alone does not have the legal authority to entitle said representative to the administration of the estate's assets. Instead, the will must go through the probate process and a personal representative must be approved of and/or appointed by a judge. Informal probate cases can also happen if the loved ones of the deceased agree on the designation of a personal representative if one isn't named within a will. However, if it is likely that someone will object to the distribution of assets or appointment of personal representative, it may be better to go through the formal probate process from the beginning. 

Formal Probate

The Formal probate process is for assets: not stated in a will, a will that is not the original (i.e. a copy), or when there are disputes over the execution and distribution of assets in or outside of a will. The Formal Probate process involves much more judicial oversight, requiring court hearings, formal notices and consent to all possible heirs of appointment of executor/ personal representative to an estate, the payment of any debts and distribution of any remaining assets. 

FAQs

Q: How Much Does a Probate Attorney Cost in Arizona?

A: The cost of a Probate Attorney depends on the circumstances surrounding the estate. We recommend contacting a probate attorney who can discuss the details of your case, as probate can matters vary. 

Q: Who Qualifies to Be an Heir to An Estate?

A: An Heir is any persons, including spouse and state, who are entitled through statute to the property of a decedent. Arizona Statute dictates the order of priority for appointing heirs to estates going through the probate process. Usually, children and/or spouses of the deceased have first priority. We recommend contacting a probate attorney who can discuss the details of your case, as probate matters can vary. 

Q: Do You Have To Go Through Probate in Arizona?

A: For any property under a deceased persons estate without a trust to be managed, it must go through probate. Without going through this process, the assets under their estate will remain frozen- meaning you cannot sell, own or distribute said property without a designated personal representative with court order authority. Every estate without  a trust will have to go through the probate process.

However, Arizona statute states that matters in which a deceased's estate value is no greater than $200,000 30 days after the time of death, a deceased's estate value is no greater than $300,000 for real property, 6 months after the time of death, and have not already begun the probate process may be able to forfeit the probate procedure and go through small estate affidavit instead.  If you are unsure if an estate qualifies, we recommend talking to an attorney to discuss what options are available to you and your loved ones. 

ALREADY HAVE AN ESTATE PLAN?

An estate plan is an arrangement you always want to make sure is up to date. It may become important for you to amend your current estate plan to ensure it still reflects your life plan and wishes. We recommend reviewing your estate plan every 3-5 years to confirm your plan is still aligned with your intentions.

When you need to update your estate plan:

  1. A death in the family;
  2. If you want a new trustee for your trust or personal representative for your will;
  3. A birth in the family;
  4. A divorce;
  5. A new marriage;
  6. If you want to disinherit a child;
  7. If you want to add or change beneficiaries, including a charity;
  8. If one for more of your beneficiaries predeceased you;
  9. If any of your beneficiaries have special, or changes, need that you want your estate plan to address.
  10. If you received an inheritance or additional assets;
  11. If you want a new person to have power of attorney (healthcare or durable financial);
  12. New tax laws may have been enacted since you created your estate plan

Other big life events may trigger the need to amend or update your estate plan. Ultimately, you should consider amending or updating your estate plan whenever your relationships, goals or assets have changed. Additionally, documents may need to be updated as new tax laws are in place. At Glazer, Hammond & Smets, PLLC we can amend, restate, or draft new documents so your estate plan is up to date and in line with your desires.

With over 50 years of combined experience, we can help. Our firm possesses the dedication, determination, and compassion necessary to help you successfully plan for the future. Call us at (928) 213-5916 or Contact Us Here to speak with one of our experienced Flagstaff estate planning attorneys!