Our Sun City Probate Litigation Lawyers Can Help You
For some, a goal in estate planning is to avoid what is known as a probate process. Probating an estate can be an extremely involved legal process that may be lengthy and time-consuming. In some cases, however, the probate process can also be beneficial. Probate in Arizona is the process through which a decedent’s will is validated by the Superior Court. A personal representative is appointed who gathers the assets of the decedent, pays any outstanding debts, and distributes the remaining assets as specified by the provisions in the will. The probate process is often perceived as expensive and time-consuming, but there are ways in which it can happen quickly and economically.
The skilled Arizona probate lawyers at Mushkatel, Robbins & Becker, PLLC help restore order to what can be a complex and chaotic process. We focus on the needs of our clients. We cut through the legal jargon and help you understand the issues involved in the process. We thoroughly explain your options and help you understand what to expect. If you are looking for more information, please contact us at (480) 467-3434.
What is the Process of Reviewing a Will Called?
Probate is the process of reviewing a will and making sure that it is authentic and consistent with Arizona law. During probate, the court will review documents to ensure that all taxes have been paid and debts have been settled. After the will is validated and all claims have been paid, the beneficiaries of the will can receive their payments. This whole process can take several months. Recipients of the inheritance should be informed that they may not receive estate assets until after the process is complete.
When a will does not exist or is deemed invalid, the court will follow the Laws of Intestacy. In general, these laws make it possible for the spouse to secure the probate estate. In such cases, the property may also be divided between the decedent’s spouse and children. When there is no spouse or children, other family members may be eligible beneficiaries.
Is Probate Necessary?
You do not necessarily have to open a court proceeding to administer an estate. In some cases, a skilled attorney can administer a decedent’s estate by way of an informal process. Every case is different. A knowledgeable probate attorney can help you determine if formal probate or informal probate makes the most sense for your current situation.
What is The Difference Between Informal, Formal, and Supervised Probate?
The main difference between each type of probate is how much judicial involvement or intervention is necessary.
Types of Arizona Probate
- Informal Probate: This is available when the will and execution meet certain requirements and the will is uncontested. This is the simplest form of probate as there is no court oversight.
- Formal Probate: When the requirements of informal probate are not satisfied, formal probate becomes necessary. This form of probate is often needed in cases where the original will has been lost. Until the will is validated, the property cannot get distributed.
- Supervised Probate: If the estate presents complex issues such as insolvency, supervised probate may require court oversight of all distributions and sales of property.
Getting Help During a Difficult Time From an Arizona Probate Attorney
Anyone dealing with the loss of a loved one should not have to deal with the many complex legal issues surrounding wills and estates without the help of a professional. It is too easy to make a mistake or commit an error without realizing what has been done. A knowledgeable Phoenix probate attorney can help you expedite the process and reduce your burden during this difficult time.
The experienced probate lawyers at Mushkatel, Robbins & Becker, PLLC can help you every step of the way. If a probate dispute is causing turmoil in your family or if you are concerned about whether your rights are being protected, please contact us at 480-467-3434 for a free and comprehensive consultation.
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