Chandler Probate Lawyer
- Experience: Your Local Probate Lawyer in Chandler, Arizona.
- We will help you handle your probate professionally and efficiently.
- Price Transparency: we do our best to help you keep costs low.
- Our team in here to support you at this difficult moment.
We offer Free Consultations with a Chandler Probate Lawyer.
A quick guide to the Chandler Probate process in Arizona
Who needs probate?
In the state of Arizona, and of course in the city of Chandler, some estates will have to go through the probate process. After an individual is deceased Probate will be required if the estate has:
a) At least $75,000 in personal property. If the personal property is less than $75,000 probate is not required and an affidavit can be used to transfer the personal property. There is though an obligatory waiting period of 30 days from the date of the passing.
b) Real Property of $100,00 or more. If the Real property is less than $100,000 an affidavit can also be used to transfer the property. There is also an obligatory waiting time of at least 6 months in that case.
If an estate is too small of course it will not have to go through probate process. The estate is still responsible for all the debts of the deceased person, all taxes also need to be properly taking care of by the estate. Arizona's probate process is not like in any other states. Most people need an estate planning in place and probate lawyers to handle everything according to Arizona law.
How to avoid Probate in Arizona.
Probate law is easy to follow and probate is easy to avoid. Property can be passed to the next generation in two different ways:
- By private contract - a Living Trust is the best example of assets been assigned to a different individual or entity by a private contract.
- By a court order - which requires going to the process called probate.
By properly creating and funding of a Living Trust probate can be avoided. To understand better how a living trust work please check our page about the subject by clicking here.
Details of the process of probate in Chandler.
While probate in Chandler is never a pleasant experience, we will make it easier with the help of our probate attorneys. Our Chandler Probate attorneys have experience and will guide you to make the process as smooth as possible. And it would be better to hire a probate lawyer to deal with the probate process. You can also get a free consultation from our experienced probate lawyer.
The process of informal probate usually follows the guideline below:
- One of the heirs will petition to the Maricopa court to be appointed as the Personal Representative of the estate of the deceased person. An extensive list of the heirs and beneficiaries of the estate needs to be prepared and at least ten different specific documents will have to be submitted to the court;
- After the court accepts the petition the Personal Representative will have a fiduciary duty to the estate;
- The Personal Representative will them prepare a list of all the assets of the deceased person, which is called an inventory;
- The Personal representative will them issue a note to all creditors of the estate following specific guidelines. The PR will be responsible for accepting and documenting all claims. All claims that are valid will be paid by the PR using the resources of the estate;
- The PR will be responsible for filling the last tax return of the deceased person. If the deceased person was married and filling jointly a last joint tax return will need to be filled as well. We strongly recommend using a CPA to help you with the tax returns, we will make sure to give you a few options of CPAs that we work with and have experience in dealing with the issue. All taxes that are due will be paid with money from the estate;
- The remaining property and bank accounts will be distribute to the beneficiaries of the estate. The property will be jointly owned by the Clients according to the law of Chandler area (Arizona).
The whole Arizona probate process will most likely take at least 6 months, all deadlines need to be respect to avoid any issues. And Arizona attorney should take probate matters seriously. Probate issues need to handle by a probate lawyer to get the better outcome.
It is important to highlight that a Will alone is not sufficient to avoid probate. The existence of a Will creates a type of probate called formal probate, which is slightly more complicated, expensive and time consuming than an informal probate.
Contact us today to understand how to avoid probate in Chandler, Arizona. Citadel Law Firm PLLC will be pleased to guide you the process. We have the best private practice probate lawyers to handle probate law according to Arizona probate law.
Call us today at (480)565-8020 if unfortunately you have lost a loved one and you need help with a probate. Our Chandler Probate lawyers will help you go through this difficult moment and process. We always offer a free consultation for you to meet with our lawyers and we do offer flat fee for probates as well.
We always offer a free consultation for you to meet with our lawyers and we do offer an initial flat fee for probates as well. If you request supervised probate we will provide personal representatives from our law firm to do the probate litigation in district court. Also, you can call us for the last will, living trust, and other consultations. Our super lawyers are licensed in Arizona and specialized in Estate Planning and Probate. Our law firm knows the problem better and provide better solutions. Even if you need services out of state or in Queen Creek you can contact our law firm.