The mere mention of probate is enough to strike fear in the hearts of those who must go through the process. The experienced Tempe probate attorneys at Blake & Pulsifer, PLC can help facilitate the process and make your life easier.
When one who owns property passes away, certain assets must go through a legal process before they can be retitled and distributed to the beneficiaries of their will. Probate can be a time-consuming and arcane process that presents its share of challenges. It is essential that you know what you are dealing with prior to beginning the probate process to have the best chance of a successful result and avoid any difficulties.
Do not try to deal with the probate process on your own. Schedule an appointment and learn how Blake & Pulsifer, PLC can reduce your stress and represent you throughout the process by calling us today at (480) 838-3000.
How Probate Is Opened and What Assets Must Go Through the Process
A probate case is opened in the court system in the county where the person who passed away had their primary residence. In Arizona, probate cases are filed in the individual county’s Superior Court.
Not every asset owned by the decedent must go through probate. This process typically addresses personal and real property. For example, the following must go through probate, so long as it is not owned by a trust:
- Real estate that is held in the decedent’s name alone
- Bank and investment accounts that do not have a transfer-on-death designation
- Personal property, such as a car
- Other property that is not titled in the name of a trust
When one executes a Will, they make choices about how their property is to be divided amongst their beneficiaries. The Will names both a personal representative and beneficiaries. The probate process is opened when one files a petition with the court, along with a copy of the Will (if one exists). The first steps in the probate process are aimed at authenticating the Will that exists and appointing someone to serve in the capacity of personal representative.
What Are the Steps in the Probate Process?
Once the personal representative has been appointed, the following are the steps in the probate process:
- The court issues the Letter Testamentary to the personal representative.
- The personal representative manages the property of the estate while probate is pending.
- Arizona law requires that notice be given to heirs, beneficiaries named in the Will, and other interested parties of the probate proceedings.
- The personal representative gives notice to creditors (through a newspaper ad and direct notice to known creditors).
- The assets of the estate are inventoried and valued.
- The personal representative pays valid creditor claims and other expenses of the estate.
- Before closing the estate, the personal representative typically prepares an accounting.
- Assets are distributed to the beneficiaries in accordance with the terms of the Will.
- Taxes are filed.
- The estate is closed.
Probate Can Be a Difficult and Time-Consuming Process
Probate is not a legal process that happens overnight. You can expect probate to take 6 to 12 months, depending on the complexity of the estate and whether there are any legal issues. There are some times when you may be able to use streamlined procedures, but these are typically available for smaller estates.
Along the way, probate can be derailed by problems that can cause difficulty and delays. For example, errors can cause a judge to reject filings that can add time to the process. Perhaps the most nightmarish result of the probate process is litigation. An interested party can contest the validity of the Will, arguing that the testator lacked legal capacity or someone else had undue influence upon them. The personal representative can be accused of misconduct by beneficiaries. Probate litigation can add a considerable amount of time to the process, and it can permanently rupture family relationships.
Although there is no way to ensure that the probate process goes smoothly, one way to minimize the chances of complications is to hire a Tempe probate lawyer. An attorney can provide crucial legal advice to either the personal representative or the beneficiaries. A probate lawyer can help ensure that the personal representative fulfills their fiduciary duties. If they have been hired by a beneficiary, they can monitor the actions of the personal representative and take legal action when necessary.
Contact a Tempe Probate and Trust Administration Law Firm
Working with a Tempe probate attorney at Blake & Pulsifer, PLC can help protect your interests and keep the process moving as it should. All it takes to get us working on your side is an online message or a phone call to us at (480) 838-3000.
