Chandler Probate Lawyer

Providing Valuable Legal Services To Clients Going Through Probate Proceedings

Losing someone you love is always hard. Unfortunately, probate law does not wait for the bereaved to finish grieving. After the passing of a loved one, someone will need to be responsible for wrapping up their affairs, paying off their debts, and closing their estate. At Metropolitan Law Group, our probate lawyers understand that the legal process can feel emotionally taxing, unfairly impersonal, and legally complicated. Whatever probate matters you are facing, it is highly recommended that you work with an experienced estate planning attorney to help resolve those issues.

Our legal team has years of experience in estate law and probate law and would be proud to represent your interests and the interests of your family members as you seek to close the probate process. As your legal representatives, our Chandler probate lawyers will aim to help you get through the probate process as easily as possible for everyone involved.

It’s natural to feel a bit lost after the death of a loved one or family member. While you must take the time to grieve, it’s also essential that you file with probate court as soon as possible. As probate attorneys, we understand that going through the probate process while you are still grieving can be almost too much to ask. That is why it is recommended that you hire our compassionate legal staff to be by your side throughout the entire process so that you are not going through this alone.

We give each case the personal attention it deserves and help personal representatives and other grieving family members through the difficult probate proceedings. We are also well versed in the use of other estate planning tools beyond the last will and testament, so we can lend legal assistance to trust administration, business law, business succession, and more.

We offer free consultations to all prospective new clients interested in retaining our legal services. To learn more about how we can help you and your family through this difficult time, please get in touch with our Chandler, Arizona law firm to schedule your free case review today. We look forward to speaking with you.

What Is Probate?

When someone dies in Arizona, their estate and remaining property go through the court process known as probate. During the probate proceedings, a last will and testament (if there is such a will) must be validated, the decedent’s estate must be inventoried, a fair market value must be assigned to personal property, designated beneficiaries must be identified and located, debts must be paid off, and assets must be distributed according to the deceased’s final wishes.

In some cases, interested parties may wish to dispute the will or bring other legal challenges during the probate process, which can prolong the proceedings and result in probate litigation. In such instances, it is absolutely essential that all interested parties retain professional legal representation to look after their interests.

Probate can be a long and expensive process, but it is an important one. By going through the probate process, state laws prevent fraud and other crimes in the distribution of your personal assets following the death of the estateholder.

Is Probate Necessary?

Probate is not always necessary in Arizona. Some small estates may bypass the probate process. This can be accomplished by a small estate beneficiary presenting a small estate affidavit, along with a death certificate, to whoever is holding the estate. In order to use a small estate affidavit, your personal property (which is anything other than real estate property) can have a value of no more than $75,000. Small estates can only have up to $100,000 worth of real estate property. Additionally, there must be a six-month wait after the decedent’s death to use a small estate affidavit. This wait is to ensure that all funeral expenses, unsecured debts, and federal or state estate taxes have been paid.

Certain assets may also be exempt from the probate process. These assets automatically transfer upon the estate creator’s death without the need for court intervention or supervision.

Assets that automatically transfer on their own include the following:

Assets held in an irrevocable or revocable trust transfer to the beneficiaries upon the trust grantor’s death.
Jointly owned property such as bank accounts, homes, and other assets pass from sole ownership to the other joint owner when one owner passes away.
Payable-on-death accounts are bank accounts that transfer money to named beneficiaries when the decedent passes away.
Transfer-on-death deeds allow for the transfer of real estate or motor vehicles upon death.
Beneficiary designations on retirement accounts and other similar accounts automatically transfer to the beneficiary without probate.

If you have questions about the probate process or probate administration, please don’t hesitate to contact our Chandler law office to schedule your free initial consultation today.

What Is The Role Of The Executor Of The Estate?

The executor of the estate, also known as the personal representative, is in charge of ensuring that the probate process is going smoothly. It is highly recommended that personal representatives retain professional legal representation from experienced probate attorneys for legal assistance during these difficult scenarios.

If there was a valid will, oftentimes an executor has been named by the will’s writer. If an executor has not been chosen before death of the estate holder, a judge would have to choose next of kin to serve as the estate executor.

It is worth noting that just because you have been selected as the personal representative or executor does not mean that you have to fulfill this role. You have the option to tell a judge that you do not want to perform these legal duties. If that is the case, they will appoint someone else in the role instead.

Contact our Chandler law offices to discuss your role as the executor or for legal assistance naming a personal representative when you are drafting wills.

What Is The Probate Process?

The probate process begins when the personal representative, who is usually named in a last will, opens probate. If a personal representative or executor has not been named by the will or is otherwise unavailable, the court will appoint someone else based on Arizona probate laws.

Once the court has accepted the petition for a personal representative or named its own, that personal representative will have the fiduciary duty to the estate. The personal representative will then prepare a list of assets owned by the deceased person, which is called an inventory.

Next on the agenda is notifying creditors. The personal representative is responsible for accepting and documenting all creditor claims. All claims which are deemed valid must be paid by the personal representative using the remaining resources of the estate.

Any personal representative is also responsible for filing tax returns on behalf of the decedent.

Named beneficiaries must be located and identified. Once located, the estate’s remaining property, bank accounts, and personal assets will be distributed to the designated beneficiaries according to the decedent’s final wishes established by their estate plan.

There is no standard length of time it typically takes to complete the probate process in Arizona. Many cases take up to six months to resolve. However, more complex probate matters can take up to a year or more to complete.

Is Probate Expensive And Time-Consuming?

Probate has a reputation for being costly, time-consuming, and difficult. But it doesn’t have to be. By drafting a payable-on-death act or a comprehensive estate plan, the probate process can be made faster, cheaper, and easier for everyone.

Probate becomes more expensive when family feuds erupt between surviving family members fighting over personal assets. The most surefire way to defend against this possibility is to draw up a last will and a trust while you are still in good health and sound mind.

Only the rarest of probate cases and probate litigation matters take years and significant amounts of money to resolve. Just the same, however, it is highly recommended that you retain professional legal counsel throughout the probate process in order to reduce the chances of things getting out of hand.

What Is The Difference Between Informal, Formal, And Supervised Probate?

There are three different types of probate proceedings in the state of Arizona. What kind of probate proceeding occurs depends largely on whether a will is being contested, the complexity of the estate plan, and the decedent’s instructions regarding their estate.

Informal probate is usually sufficient for smaller estates or when the decedent’s will is not being challenged during the probate process. If all beneficiaries agree on who shall handle the probate administration, informal probate may also be a good solution. In informal probate cases, a court appoints a personal representative for the estate, who then carries out the prescribed duties with minimal oversight.

If someone challenges the validity of a will, the will cannot be located, or the beneficiaries cannot agree on the administration of the estate, it may be necessary to consider formal probate. In informal probate cases, the court will convene in a series of hearings to resolve the probate issues that have been raised. Once these issues have been settled, the estate’s personal representative is then free to carry out their duties without further supervision.

In rare cases, the courts are forced to oversee every step of the probate process. This type of proceeding is known as supervised probate. In such situations, the personal representative will need the court’s approval to take any legal action. Any interested parties in the estate have the right to request supervised probate, though that does not mean that the request will be granted.

What Are Common Disputes During Probate?

Some of the most common challenges and contests that arise during the probate process include the following:

The will cannot be located.
The will and other estate plan documents are woefully out of date.
A family member argues that a will is invalid.
Mistakes or willful errors committed by the personal representative.
Allegations of coercion, fraud, or undue influence.
Accusations that the will was created while the testator was not of sound mind and body.

Do You Require A Chandler Probate Attorney When Engaged In Probate Litigation?

Probate and estate litigation can encompass a wide range of legal disputes involving inheritances, probate matters, trust administration, real estate transactions, and other legal matters involving the transfer of property following the death or incapacitation of an adult. Probate litigation includes disagreements, contests, challenges, and disputes over wills, intestate matters, deeds, payable on death accounts, the powers of attorney, and other estate plan matters.

Probate law cases often benefit from professional legal guidance provided by experienced and knowledgeable estate planning attorneys. This is especially the case when there are disputes or litigation during the probate process. Probate matters involve complex legal and factual issues. It is important to have a compassionate and highly skilled Chandler probate lawyer at your side throughout this process. Our legal staff has extensive experience representing complex probate litigation cases, and we would be proud to help you with such a case.

Schedule your free, no-obligation case evaluation with our law firm today.

How To Avoid Probate In Chandler, AZ?

Simply having a last will and testament in place does not exclude an estate from needing to go through the probate process in Arizona. Drafting a valid will has many benefits, including naming your beneficiaries, designating your personal representatives, naming a guardian for child custody, and conservatorship issues. A will makes the probate process faster, less expensive, and easier for grieving loved ones, but it does not automatically avoid probate.

Probate can be avoided in two different ways. Either it can be avoided by private contract or by a court order. To learn more about avoiding probate and whether it is necessary to avoid probate for your case, don’t hesitate to get in touch with our Chandler, AZ, law office.

What Happens If The Deceased Person Did Not Have A Will?

If the decedent did not have a will of any kind at the time of their death, this is known as passing away intestate. When this occurs, assets are distributed according to Arizona intestate laws. Usually, this means that the surviving spouse or children will inherit most everything.

There is a fear that not having a will means that the state takes everything, But this is very rare. This only typically occurs if there are no heirs.

Estate litigation arising during intestate proceedings is less uncommon. If there is any dispute over the distribution of assets during probate after someone dies intestate, it is essential that you retain professional legal representation from our highly skilled legal team.

How Can Estate Planning Attorneys Help During The Probate Process?

Our probate attorneys can assist you throughout the entire probate process, handling all matters, as needed, for the personal representative and other interested parties.

Our legal services include the following:

Prepare, review, and file all documents.
Serving as legal representation in probate court proceedings.
Compiling an inventory of estate assets that are subject to probate.
Appraising and assigning value to estate property if necessary.
Paying all final creditor claims and estate taxes.
Overseeing the distribution of assets to named beneficiaries.
Closing the estate and ending the probate process.

Schedule A Free Consultation With An Experienced Probate Lawyer Today

Metropolitan Law Group is an estate planning law firm located in Chandler, Arizona. We have extensive experience representing clients in a variety of probate matters, including complex probate litigation cases and intestate matters. We pride ourselves on providing compassionate and thoughtful legal representation to our clients because we understand that they are going through a difficult time and deserve patient and respectful treatment.

To learn more about our legal services, don’t hesitate to get in touch with our Chandler law firm to schedule your free, no-obligation case evaluation today. You may reach us at 866-902-6148‬. We look forward to speaking with you about your case.