Losing someone you care about deeply is never easy. The pain can feel overwhelming, leaving you adrift in a sea of emotions while simultaneously facing a mountain of practical responsibilities. If you’re in the East Valley, and find yourself in this difficult situation, know that you’re not alone. Experienced Tempe estate planning lawyers can help you through the legal obligations and financial considerations that arise when a loved one passes away.

Immediate Steps to Take After the Death of a Loved One

Once the initial shock begins to subside, there are some time-sensitive matters to address:

  • Notify family and close friends
  • Contact the deceased’s doctor or local authorities if the death occurred at home
  • Arrange for the care of any dependents or pets
  • Secure the deceased’s home and valuable possessions

In Tempe, as in the rest of Arizona, you have several options for honoring your loved one’s memory. These include traditional burial, cremation, or even green burial practices. If your loved one left specific instructions, try to honor their wishes. If not, consider what would best reflect their personality and values.

Remember, there’s no “right” way to memorialize someone. A simple gathering of friends and sharing memories can be just as meaningful as an elaborate ceremony. The most important thing is that it brings comfort to those who are grieving.

Determine what assets exist

The first step is to make a list of all of the assets that the decedent had at their death. We have a worksheet we can send you to help organize this information. You will need to note any real property, life insurance, annuities, retirement accounts, bank accounts, investment accounts, stocks, bonds, tangible and intangible personal property, and more. Sometimes this step is the hardest for people. You may need to use your detective skills. What bank statements can you find in their mail? Can you find a check book in the junk drawer? Do you have access to their email? Their phone? What financial apps do they have on their phone? These things can help you track down assets.

What about debts? Does your loved one have credit cards, loans, or other unsecured debt? If the home has a mortgage, is there enough assets to continue to pay the mortgage so the home doesn’t go into foreclosure? Some creditors will negotiate the debt down or forgive it entirely.

Estate Planning Documents – Next you want to look for a Will, Trust, or other testamentary documents. If they have a trust, are all of their assets funded into the trust? Are there any assets that are subject to beneficiary designations?

Probate – If there are assets that are not subject to a beneficiary designation or trust ownership, you may need to open a probate. In Arizona, the probate process is governed by Title 14 of the Arizona Revised Statutes. This legal framework outlines how a deceased person’s estate should be managed and distributed. Depending on the specific facts, you may need an informal probate or a formal probate. A formal probate includes having a hearing in front of a judge or commissioner.

Dealing with Real Estate

If your loved one owned property in Tempe, handling real estate matters can be particularly complex. You’ll need to determine whether the property was held in the deceased’s name alone, jointly with someone else, or in a trust. Each scenario has different legal implications.

For sole ownership, the property will likely need to go through probate. Joint ownership may allow the surviving owner to take full possession without probate. Trust-held property typically avoids probate altogether but requires careful management according to the trust’s terms.

Regardless of the ownership structure, you’ll need to:

  1. Secure the property
  2. Continue paying property taxes and insurance and secured debt
  3. Maintain the property until it’s transferred or sold
  4. Obtain a professional appraisal for tax purposes

An Experienced Tempe Estate Planning Law Firm Can Help

At this point, you might feel overwhelmed by the sheer number of tasks and legal considerations. When this happens, an experienced estate planning attorneys can make a world of difference.

An attorney who specializes in this area of law can guide you through the probate process and help you interpret and execute the terms of a will or trust. If there are any real estate issues, a law firm can help you through that and ensure that your loved one’s property is handled efficiently.

While it’s possible to handle these matters on your own, the emotional strain of grief combined with the complexity of estate law can lead to costly mistakes. An attorney serves as both a knowledgeable guide and an objective voice during this difficult time.

A Tempe Estate Planning Law Firm You Can Trust

Losing a loved one is one of life’s most challenging experiences. The combination of emotional pain and practical responsibilities can feel overwhelming. But remember, you don’t have to face this journey alone.

In Tempe, Arizona, you have access to compassionate professionals who can guide you through the legal and financial aspects of loss. Our Tempe trust administration lawyers can help you through this difficult time. Call us today at 480-838-3000 or fill out our confidential contact form.