Probate In Arizona
Probate is one of the most misunderstood, yet most common, legal issue that someone may experience in their lifetime. We all lose loved ones, and after this loss, we need to know what we must do to ensure that their final wishes are carried out according to their estate plan.
At McDonald Warner, our skilled lawyers can serve as your guide throughout the probate process. We have helped many families find answers at such a difficult time in their lives. We want to discuss a few important matters you need to know about probate to help you better understand what happens after a loved one passes. For more detailed information about your case, please do not hesitate to schedule a free consultation with one of our attorneys.
What Is Probate?
In its simplest terms, probate is transferring the title of property from the deceased to intended beneficiaries. It is the process the courts use to complete these transactions. It basically allows for an accounting of the estate and provides notice to parties with potential interests in the estate.
When Is Probate Necessary?
This depends on the estate. In some circumstances, the property may have a value that allows the process to move rather quickly. For those with substantial assets, a more formal probate process may apply, which means it can take longer for assets to be distributed.
There are methods people can use to pass along certain items outside the probate process. Some may decide to create a trust that hands down assets or property, which means that probate will not apply. Additionally, married couples may transfer items via the right of survivorship, meaning the surviving spouse gets full ownership upon death of the other spouse.
After a loved one has passed, it can be confusing to know exactly what will happen in regard to distribution of the estate. Our lawyers can help you learn more about what to expect in your case and help you take any action necessary for you to protect your interests.
Did Your Loved One Die Without A Will?
If your loved one passed away without any estate planning documents in place, the estate is distributed according to Arizona’s intestate laws. These laws carefully state who will receive the deceased’s assets, and in most cases, this means the property passes to surviving family members.
Sometimes, assets will pass to someone the deceased may not have wished to be the beneficiary of his or her property. Those who expected certain items may attempt to challenge the distribution of assets to these beneficiaries, which means that the entire process may take longer and become much more confusing for everyone involved.
Want To Know More About Your Probate Options?
Our team is here to help you make the probate process as easy as possible. If you would like to schedule your free half-hour consultation with one of our lawyers, please call our Phoenix office at 480-525-5603 or send us an email.