Probate

Has anyone mentioned the word PROBATE?

When someone passes away, Probate is the process of establishing the validity of their Last Will and Testament (if one exists).  Many times however, a person passes away without having a Last Will and Testament or they die ‘Intestate’ (No Last Will), and Probate becomes the process of gathering and distributing the property of the deceased person to the correct people.   As the Probate process can often be difficult, it often involves the Courts.

If someone has died and you have been told that their estate needs to go through Probate, you need to contact an experienced Probate attorney who can help you understand Arizona Laws and accurately decide whether Probate is really necessary.  This is a meeting that should take place before any assets of the Estate are moved or transferred.  Otherwise, assets of the estate may be incorrectly transferred or given away to persons or entities which legally had no rights to those items but instead pressured you into making the wrong decisions.  Mistakes like these can be very costly and at times even illegal.  As such, solid legal advice is needed to review the documents and assets of the deceased right away and make certain that everything is handled correctly.

In some cases, Probate simply cannot be avoided due to a variety of reasons.  Some of these reasons can be:

  • The value of the Property owned by the Decedent (name given to a deceased person) is too high
  • Due to the need or demand of Valid Creditors which need to be paid
  • In order to pay the Decedent’s final expenses
  • Because children, siblings, spouses, or heirs simply cannot agree on how assets are to be distributed
  • Because the Decedent died Intestate (without a Last Will and Testament) and it is not known who rightfully deserves the Decedent’s property.

Due to the cost, expense, and time that Probate and Court involve, it is always best to visit with an experienced Probate attorney first and make an accurate determination whether Probate is really necessary and if so how it will be handled.  Be certain to take this important step BEFORE precious time and money are wasted.

As a note, often times Probate attorneys will visit with you about an Estate’s Probate needs in a free consultation. Understanding how Arizona Law governs the passing of a persons property to others is crucial to understanding the Probate process.  As such, a person shouldn’t have to pay to understand these relationships.

This office ALWAYS does a FREE consultation regarding PROBATE to help you understand and determine if Probate is required in your particular situation.  (UNLESS A SUIT HAS ALREADY BEEN FILED IN COURT AND THEN THE ATTORNEY’S NORMAL HOURLY CONSULTATION RATE MAY APPLY.)