
Arizona probate court can be challenging to navigate alone. Let our team of probate attorneys help protect your rights.
Arizona Probate Court Process
Also read: My family’s trust is being contested and going into litigation. What do I do?
Taking on the responsibility of a family member or loved one’s belongings after death is an often unpredictable event that can cause confusion and undue stress. In Arizona, when a person dies “intestate” (without a will), the Arizona Probate Code determines who is entitled to receive that person’s assets.
The probate process in Arizona typically starts with the filing of a will or petition with the court by an individual who wants to be appointed as a Personal Representative. If no Personal Representative is identified, the court will usually assign one. Following this appointment, the Personal Representative must give notices to all parties involved and start gathering all of the assets of the decedent’s estate including property and settlement with creditors. This entire process is governed by specific statutes and court rules which have time limits and requirements for completion prior to the assets being distributed.
Whether there is a will or not, a probate is usually determined by the value and nature of the property left in the decedent’s name. An experienced probate attorney can help you file the appropriate documents and reports required by the court, as well as help you resolve any legal issues that may arise out of a dispute or challenge to the validity of a last will and testament.
Other Frequently Answered Questions About Arizona Probate
Have a question about the Arizona probate process or laws that protect you and your family from unnecessary discrimination? Visit our Frequently Answered Questions page for more information from our experienced legal team.
California Probate & Trust Law
Consumer
Protection Law
Consumer Protection: A death in the family is a difficult time which can bring unforeseen complications, interruption of daily life, and strain on relationships if no proper estate planning was done. With or without a will, a dispute over inheritance, medical debt, or unclear responsibilities of an executor can lead to California Probate Court.
California Probate Court Process
The California probate court process can be overwhelming and lengthy without proper guidance from an estate and trust attorney who specializes in probate law. Outside of sending out formal notices, organizing assets, bills and real estate, multiple documents must be correctly filed with probate court to adhere to state codes.
In some cases, litigation may arise from disputes within a family after a loved one dies. In the case of will contests, the removal or appointment of executors, and/or the distribution of the probate estate, it would be wise to hire a probate attorney to help you file a lawsuit.
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Avoiding Probate in California
Probate isn’t always necessary if you proactively create a smart estate plan. Working with one of our estate planning attorneys, you can create a legally-binding process to take care of your assets and help avoid unnecessary expenses of probate after death. This process considers:
Will Planning
Power of Attorney
Medical Directives
Irrevocable or Revocable Living Trust
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Questions? Head over to our FAQ for answers.