Probate and Trust Administration

If your loved one has passed away or become incapacitated, you may need to take action. Exactly what kind of action will depend on the plan your loved one created—or didn’t create.

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Arizona Probate

While probate meant to provide a way to settle the affairs of the estate in an orderly fashion, the reality is there are many downsides to the probate process.

If your loved one has passed away, you may have to deal with the probate process and all of its downsides. Kinghorn Law | Financial helps families who must go through this confusing and lengthy legal proceeding. Our Arizona attorneys help executors fulfill their roles during the probate process and assist in estate planning to avoid probate.

What is the Probate Process?

The probate process takes place in probate court following a death. It is a process during which the affairs of a deceased person are settled.

The process is used to distribute any assets of the decedent, claims are made, and taxes paid. Finally, probate ensures that appropriate people inherit and facilitates the actual change in formal ownership, which must occur following a death. Because this may be a court proceeding, there are complicated legal rules that must be strictly followed, and the Arizona attorneys at Kinghorn Law | Financial will guide you through this process.

During the probate process, an accounting of assets may be necessary to determine what the decedent owned. An assessment is made regarding whether there is a valid will, and if there is no will, a determination is made regarding who will inherit according to Arizona intestacy law. Creditors may assert claims on estate assets, and those who do not believe the will accurately reflects the wishes of the decedent are given a chance to have their say.

Unfortunately, probate is going to be a complicated, costly, and lengthy process after most deaths. This process can stretch on for several years, leaving heirs or beneficiaries waiting for an inheritance.  Strict rules apply to when and how paperwork must be submitted to the court and taxing authorities during the probate process, which can be very overwhelming for families. This is why many people make an estate plan to facilitate asset transfers outside of probate. If the probate process must occur following a death, an experienced estate planning lawyer should be involved.

Who Should Have a Probate Lawyer During the Probate Process?

In Arizona, the person who has the most responsibility during the probate process is called the personal representative (executor) of an estate.

The personal representative has a fiduciary duty to beneficiaries and creditors. This is the highest duty one person can owe another, and is the same duty lawyers owe to clients.

Personal representatives are named in the will and appointed by the court, or if there is no will, have priority for appointment according to Arizona statutes. Personal representatives oversee and manage every aspect of the probate process. They must do things like take care of the decedent’s property, file for probate with the court, and determine what claims against the estate are valid. A personal representative may be personally liable for failing to properly fulfill all of these duties.

Due to their myriad complex responsibilities, a personal representative should consult with an experienced attorney as soon as possible after discovering they have been named as a personal representative.

Heirs or beneficiaries don’t have as many formal responsibilities during the probate process, but it is their inheritance on the line so it may make sense for them to secure legal representation as well. Finally, for any individual who wishes to contest a will, having an experienced attorney is absolutely essential to understanding this process.

How an Attorney Helps During the Probate Process

After a death, probate must occur where the deceased lived and/or owned property. In some cases, multiple probate proceedings are needed when a decedent owned property in different states.

The personal representative (executor) of an estate has the most responsibility during the probate process, but all heirs or beneficiaries should monitor the process to ensure the decedent’s wealth is being protected.

Kinghorn Law | Financial represents personal representatives and heirs. When we are trusted to be your legal advocates during the probate process, we will explain and communicate with you every step of the way. We assist with:

Determining where probate must take place

Filing court paperwork for probate to occur

Getting a personal representative appointed to oversee probate

Providing required notices to heirs, beneficiaries and creditors

Filing all necessary paperwork with the IRS, state taxing authorities, and financial institutions

Managing estate assets during the probate process

Monitoring the probate process for heirs or beneficiaries to ensure the personal representative is fulfilling their duties and the process is moving smoothly

Facilitating the transfer of assets through changing titles and deeds

Advising on income, gift and estate tax matters

This is just a small sampling of the legal services you may need to complete the required steps of the probate process. Let Kinghorn Law | Financial provide these services and other assistance so you cancarry out the wishes of your lost loved one.

How Can the Lawyers at Kinghorn Law | Financial Help You?

Kinghorn Law | Financial represents personal representatives (executors) of an estate.

The attorneys at Kinghorn Law | Financial specialize in representing families who are going through the probate process following the death of a loved one. Speak with an Arizona probate lawyer to find out more about how we can help you.