Estate Administration: Probate Lawyers

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Probate Lawyer in Phoenix, Arizona

Probate Lawyer in Phoenix

After losing a loved one, someone will need to be responsible for wrapping up their affairs. Unfortunately, the process of settling estate matters can become difficult if arguments arise over the will and how the deceased’s assets will be distributed. Arizona has laws to settle these types of issues through a legal process known as probate.

While many probate proceedings are fairly painless, families sometimes need additional legal support to resolve estate issues. The Phoenix estate administration lawyers at Brown & Hobkirk, PLLC can help.

Our law firm has over 20 years of experience helping people navigate the Arizona probate process. You’ll never be passed off to a paralegal or a junior associate when you hire our firm. You’ll work directly with veteran Arizona probate attorneys who are committed to excellence and providing you the best legal representation possible.

You can count on our will lawyer to give your case the respect and attention it deserves during this difficult time. Contact our office today for a free initial consultation.

What Is Probate?

After someone dies, probate is the legal process in which their will is proven valid so that the estate can be distributed according to their final wishes.

If the person who died did not leave behind a will, the probate court will determine which of the deceased’s eligible heirs will receive the remaining assets. These assets will be divided up according to Arizona’s intestate succession laws.

Is Probate Necessary?

It’s not always necessary to go through the formal probate process after someone dies, even if they did not create a will before their death. Arizona law says that if someone has less than $100,000 in equity in their real property (house or land), or if the value of their personal property is less than $75,000, then the full probate process is not legally required. Small Estate Affidavits can be used instead to gather the deceased’s assets.

What Is the Difference Between Informal, Formal, and Supervised Probate?

There are three kinds of probate proceedings in Arizona, depending on whether a will is being contested or not, the complexity of the estate, the deceased’s instructions regarding their estate, and other factors. These include:

  • Informal probate: In cases involving smaller estates or when the deceased’s will has not been challenged, or when all heirs agree on who will handle the administration of the estate, informal probate is usually sufficient. In informal probate proceedings, the court appoints a personal representative for the estate (either someone named in the will or another party). The personal representative carries out their prescribed duties with minimal oversight.
  • Formal probate: These types of proceedings are necessary if someone challenges the terms or validity of a will, the original will cannot be located, or the heirs cannot agree on who will handle the administration of the estate. The court will convene in a series of hearings to resolve whatever issues have been raised. Once the specific issues are settled, the estate’s personal representative is free to carry out their duties without further supervision or disruption.
  • Supervised probate: In some cases, the courts must oversee every step of the probate process. This is called supervised probate. In these situations, the estate’s personal representative will need the court’s approval to take any action. Anyone who has an interest in the deceased’s estate can request supervised probate, though that doesn’t mean that the courts will agree. Supervised probate proceedings are often necessary if the courts feel they must protect an inheritor, creditor, or other interested party.

Disputes That Can Arise During the Probate Process

Some of the most common causes of probate disputes are:

  • Missing or outdated documents: If the will cannot be found or is out of date, the court will need to decide how the deceased’s estate assets should be divided according to Arizona law.
  • Contested validity or terms of a will: Sometimes a family member or other beneficiary will argue that a will is invalid, or that certain terms don’t agree with their understanding of the deceased’s wishes. If this is the case, the courts will need to resolve the issue before any assets from the estates can be distributed.
  • Mistakes or willful errors made by the executor of the estate: Sometimes the executor of an estate will make a mistake or attempt to subvert the deceased’s intentions, making legal action necessary to ensure the deceased’s wishes are carried out.
  • Evidence of coercion or undue influence: If the deceased signed a will under duress or while experiencing undue influence, the will cannot be considered valid. The courts will examine the evidence to determine if a will is valid or should be discarded.
  • IncapacitatedTestator: If the person who created the will (Testatory) lacked the necessary capacity to validly execute a will, the will can be challenged and found invalid. In this event, it will be essential to get legal help to determine your next steps.

Get Help From a Trusted Phoenix Probate Attorney

No matter how complex your probate matter may be, a knowledgeable attorney can make the process smoother, faster, and less stressful. Reach out to the experienced Phoenix probate lawyers at Brown & Hobkirk, PLLC today. Our probate lawyers will defend your rights and make sure your voice is heard. Get a free initial consultation by calling our office, reaching us via online chat, or visiting our contact page now.