Probate
My Arizona Law Firm Can Help Your Family Settle An Estate After The Passing Of a Loved One
When a loved one passes away, his or her estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed. If the assets of the deceased were owned through a well drafted and properly funded living trust, it is likely that no court-managed administration is necessary, though the successor trustee needs to administer the distribution of the deceased’s assets. The length of time needed to complete the probate of an estate depends on the size and complexity of the estate and the local rules and schedule of the probate court.
Was There A Will? It’s A Necessary First Question.
When a deceased person had a will, probate will be part of the administration of his or her estate. An intestate estate administration settles an estate when there is no will — otherwise known as intestate succession. Additional steps will be necessary to complete the requirements of intestate succession.
Each Estate Is Treated Differently, But Usually Involves The Following Steps
- Filing of a petition with the proper probate court.
- Notice to heirs under the will or to statutory heirs (if no will exists).
- Petition to appoint Personal Representative (sometimes referred to as Executor or Administrator) for the estate.
- Inventory and appraisal of estate assets by the Personal Representative.
- Payment of estate debt to rightful creditors.
- Sale of estate assets.
- Payment of estate taxes, if applicable.
- Final distribution of assets to heirs.
Joy Garvey, PLLC, provides guidance through the probate process and related issues such as transferring real estate titles. I am attorney Joy Garvey and I welcome the opportunity to explain how I can help you and your family after a death in the family. Contact me today to begin this process.
If you or a loved one are in need of legal counsel or representation contact us today for a free phone consultation.