When someone passes away, their things, like money, property, or belongings, need to be passed on to their loved ones. This process is called probate, and it’s how the court makes sure everything is handled the right way. Probate can sometimes take a long time and get complicated, especially if there’s no plan in place.

In Chandler and Tempe, Arizona, probate laws and family dynamics are evolving, making it more important than ever to plan ahead. By creating a will or trust, you can take the guesswork out of what happens to your belongings after you pass. This gives your loved ones a much smoother path to follow during an already emotional time. Estate planning helps ensure your wishes are honored, while also saving your family time, stress, and potentially a lot of money.

At Blake & Pulsifer, PLC, we understand that handling end-of-life planning can feel like a lot to deal with. From legal paperwork to potential delays, the process can become overwhelming fast. That’s where we come in. Our experienced probate attorneys in Arizona are here to guide families in Chandler and Tempe every step of the way.

What is Probate?

Probate is a legal process that happens after someone passes away. It’s how their debts get paid and their belongings, like property and money, are given to the right people, called beneficiaries. A probate court oversees this process to make sure everything is done fairly and according to the person’s wishes if they left a will.

In Arizona, probate is usually needed if a person has assets in their name alone without a beneficiary listed. For example, if they owned a house or had a bank account that wasn’t part of a trust and didn’t name who should get it, those things might have to go through probate. This process helps organize and distribute what they left behind, so it goes to the right people.

Key Probate Trends in Chandler and Tempe

Families in Chandler and Tempe are paying more attention to probate and estate planning as new trends and challenges emerge. Understanding these changes can help you make smart decisions to protect your family and assets.

Legal Updates on the Horizon

While Arizona’s probate laws saw updates in 2023 (SB 1291), focusing on guardianship rules and protected persons, families are also preparing for potential federal tax shifts. Though Arizona has no state estate tax, federal exemptions may change after 2025. Proactive planning—like updating wills or establishing trusts—helps families stay compliant and minimize tax risks.

Probate Can Be Lengthy and Complicated

Probate in Maricopa County often takes 6–18 months, but contested cases can extend beyond two years (Maricopa County Superior Court). With nearly 1 in 3 Arizonans lacking a will (Arizona Bar Foundation), intestacy laws dictate asset distribution, which may not align with family wishes.

The Costs of Probate

The cost of probate varies depending on its complexity:

  • Informal Probate: For uncontested estates, fees typically range $2,000–$5,000.
  • Formal Probate: Contentious cases involving litigation can exceed $15,000–$25,000 in legal fees.
  • Small Estates: Arizona’s simplified procedures (ARS 14-3971) apply to estates under $75,000, reducing costs and delays.

These fees make avoiding probate an attractive option for many families.

Shifting Focus to Avoiding Probate

Families in Chandler and Tempe are increasingly looking for ways to make things easier for loved ones after they’re gone. One popular option is using a revocable living trust to avoid probate entirely. A living trust allows you to transfer your assets, like property, money, or even digital accounts, directly to your heirs without needing the court to step in. This means your family gets access to what they need faster, with less stress.

One of the biggest advantages of a trust is privacy. Unlike probate, which becomes part of the public record, a trust keeps your financial matters private. It’s especially helpful for handling modern assets like cryptocurrency or online accounts, offering the flexibility that today’s families need.

Arizona law makes it even easier to use living trusts. With streamlined rules under ARS 14-101 et seq., the process of creating and managing a trust is simple and effective. For many families, a living trust is a smart way to protect their wishes, save time, and take care of the ones they love.

Changing Family Dynamics

Blended families, unmarried partners, and stepchildren face unique challenges when it comes to inheritance. Without a proper estate plan, things can get tricky.

For instance, Arizona’s intestacy laws don’t automatically include stepchildren as heirs. That means, if you don’t have a will, stepchildren could be left out of your estate, even if you wanted them to be part of it.

Creating a clear estate plan is the best way to ensure everyone you care about is treated fairly. When your wishes are written out in a will or trust, it’s easier for your loved ones to follow them, preventing unnecessary disputes and stress.

How Blake & Pulsifer, PLC Can Help

If you’re in Chandler or Tempe, our Arizona estate planning law firm can help guide you and your family through estate planning to avoid probate issues. Many people put off thinking about wills or trusts because it feels far away or uncomfortable. But by planning ahead, you can save your family money, time, and unnecessary problems during difficult times. Our team in Chandler and Tempe is here to make the process simple and manageable for you.

If you’re ready to take the first step toward protecting your family and their future, contact us today to get started. Call our estate planning law firm today at 480-838-3000 or fill out our confidential contact form to get started.