What is probate?

Probate is the legal process of ensuring the validity of a will and the proper distribution of a deceased person’s assets and debts. When an individual writes a will, he or she intends for certain assets, such as a house, to go to certain people. An individual that writes a will generally assigns someone as a “personal representative,” who they trust to be in charge of the probate process upon death. A Probate Attorney Chandler can help you navigate the estate probate process.

What if the will does not specify who the personal representative is?

Here is where things can get tricky. Luckily, Arizona Revised Statutes § 14-3203 outlines a priority list of who may serve as personal representative in the event that the will does not specify:

• Surviving spouse who is a devisee - if the will specifies that the surviving spouse will receive certain property, then the surviving spouse gets first priority of being the personal representative.
• Other devisees
• Surviving spouse
• Other heirs of the decedent

Is probate always required when a person dies?

No. In Arizona, probate is only required if there is a will. Additionally, probate is only required for assets that are not automatically distributed. For example, a house that is owned as “community property with right of survivorship” is automatically distributed to the deceased’s spouse upon death. Probating the house would not be necessary in this case.

Probate only applies to individuals who pass away without an instrument that avoids probate, like a revocable living trust. If there isn’t a will assets are distributed according to the state’s laws. Arizona is a community property state, meaning that a house that was purchased during the course of your marriage belongs to you and your spouse, together.

In Arizona, how other assets are distributed without a will depends on multiple factors, such as whether the decedent has a spouse, children, parents, and close relatives.Talking to a Probate Attorney Chandler will help you understand the whole process.

How can a probate attorney in Arizona help me?

A probate attorney assists an executor or personal representative of a deceased person by ensuring that assets are properly distributed and debts are properly paid. This can get tricky very fast, particularly if the deceased owned a lot of assets or had a lot of debt. Probate attorneys help keep track of important details such as tax deadlines, creditor requests, investment properties, and residential properties. Due to the abundance of time-sensitive information, after the death of a loved one, a personal representative should seek assistance sooner rather than later.

Along with these main duties, a probate attorney may also:

• Assist with estate planning - planning ahead of time for you or your loved one is usually a good idea. A Probate Attorney Chandler can help you draft a will, designate a personal representative and make sure you have all your powers of attorney.
• Create a Revocable Living Trust - Revocable living trusts are popular because they automatically grant estate wishes upon death, eliminating the need for probate. Additionally, you are able to amend your trust at any time throughout your life. A Probate Attorney in Arizona can help you draft and amend a revocable living trust from start to finish.

Still Unsure? Visit us for a free consultation

At Citadel Law Firm PLLC, our experienced attorneys can help you with your probate and estate planning needs. Probate and estate planning may seem intimidating, but it is imperative that it is done properly. Call us today at (480)565-8020 or click here to schedule a free consultation to evaluate your needs with a Probate Attorney Chandler AZ.

If you want to avoid probate check our blog about how much an estate planning attorney charges. Your estate planning will look very affordable when you think about the costs of probate. If you want to work with an estate planning attorney near you click here.