What Kind of Attorney Handles a Will When Someone Dies in Arizona?
When a loved one dies, there are major responsibilities and considerations that come with handling their estate. Personal representatives and beneficiaries of the estate often wonder about the type of attorney to consult with to ensure the will is handled correctly and that all legal requirements in Arizona are complied with. In the following piece, Perez Law Group, PLLC explains why an Arizona probate attorney is the right professional to help with this process and how they can guide you through the sometimes complex process of probate.
Understanding Probate and Estate Administration
Probate is the legal process by which a deceased person’s estate is distributed according to the instructions in their will. If the person died with a valid will in place, the probate court ensures that the person’s debts and taxes are paid before distributing the remaining assets to beneficiaries. If someone passes away without a will, probate proceedings are still required to distribute their estate according to Arizona’s intestacy laws.
In Glendale, and across Arizona, probate proceedings are governed by Arizona Revised Statutes (ARS) Title 14, Chapter 3, which outlines the process and steps involved. If you’re a named beneficiary, understanding probate is crucial because it directly affects how and when you will receive your inheritance. However, navigating this process alone can be overwhelming, especially while grieving. This is where a probate attorney comes in.
Why You Should Consider Hiring a Probate Attorney in Arizona
While Arizona law does not mandate hiring a probate attorney to execute a will, it’s highly recommended. Probate attorneys provide guidance on the legal and procedural aspects of probate, which can prevent costly mistakes, unnecessary delays, and even disputes between beneficiaries or with creditors. Here are some of the main reasons a probate attorney is helpful in this process:
Interpreting the Will and Arizona Law
A probate attorney helps ensure the will’s instructions are properly interpreted according to Arizona law. Arizona has specific requirements for valid wills under ARS § 14-2502, which defines the legal formalities necessary for a will to be considered valid in probate. This includes aspects like the mental capacity of the person creating the will and the presence of witnesses. A probate attorney can review the will to confirm its validity and to identify any potential issues that could lead to disputes.
Guiding You Through the Probate Process
The probate process in Arizona involves several steps, including petitioning the court to start probate, notifying beneficiaries, identifying and valuing assets, paying any outstanding debts, and distributing assets. A probate attorney will ensure that each step is completed correctly, in the right order, and on time. Arizona law outlines specific timelines for these steps, and an attorney can help ensure you don’t miss any important deadlines.
Handling Complex Assets and Debts
If the deceased person had complex assets—such as real estate, business holdings, or investments—or significant debts, navigating the probate process can become more intricate. The law details requirements for inventorying the estate, managing debts, and valuing assets. A probate attorney is knowledgeable in these areas and can help with accurate valuation and proper handling of these assets.
Managing Disputes or Claims Against the Estate
Unfortunately, disputes can arise during probate, whether it’s a beneficiary contesting the will or a creditor making a claim against the estate. ARS § 14-3803 and related laws govern how creditor claims should be handled. A probate attorney can assist in managing these disputes, offering options to settle them outside of court if possible, and representing you if litigation becomes necessary.
Avoiding Personal Liability
Executors, or personal representatives, are responsible for ensuring the estate is administered correctly. Without proper legal guidance, mistakes in asset distribution, payment of debts, or handling of tax obligations could lead to personal liability. In Arizona, the personal representative is accountable under ARS § 14-3712 for their actions in managing the estate. A probate attorney can help protect you from potential legal consequences by guiding you through each responsibility carefully.
Ensuring Timely Compliance with Arizona Probate Laws
Arizona’s probate laws have specific requirements for each step in the process, including deadlines for filing forms, notifying heirs and creditors, and paying estate taxes. Failing to comply with these requirements could delay probate or even result in penalties. A probate attorney will keep you on track so you can fulfill your duties within the legal timeframe.
How a Probate Attorney Can Help with Estate Administration
In addition to probate, a probate attorney can also help with broader estate administration tasks, such as trust administration if the deceased had set up a trust. If the estate includes a trust, it may require ongoing management or distribution of assets outside of probate. Trust administration involves additional legal considerations, and a probate / estate administration attorney can guide you through these issues as well.
Common Misconceptions About Probate in Arizona
Some people believe that probate is only necessary when there’s no will, or that probate is always an expensive and lengthy process. However, probate is required even with a will, as it ensures that the estate is distributed according to the deceased’s wishes and Arizona’s legal requirements.
While some probate cases can be complex, others are straightforward, particularly if the estate is small or if there’s a clear, uncontested will. Arizona law provides for a simplified process for small estates in Arizona, where the total estate value is below certain thresholds. A probate attorney can help you determine if you qualify for this simpler process, potentially saving time and legal fees.
What to Expect When Working with a Probate Attorney
When you hire a probate attorney, they will begin by reviewing the will and estate documents, explaining the probate process, and creating a plan for managing probate tasks. From filing the petition with the court to assisting with final asset distribution, your attorney will act as your legal representative in all probate-related matters.
Your probate attorney will also be there to answer your questions and address any concerns you may have. This can be a relief, particularly during a difficult time, and can give you confidence that the process is being handled correctly.
Glendale Arizona Probate Lawyer
Managing probate and estate administration on your own can be a daunting task, and even minor mistakes can complicate the process. Perez Law Group, PLLC is here to provide the guidance you need. For legal assistance with probate or trust administration, contact Perez Law Group, PLLC at (602) 730-7100 or contact us online for a consultation.
