What is the status of a certain
probate matter?
What is probate?
When is
probate required?
How much does
probate cost?
How long does
probate take?
What do
these words mean?
Can I
conduct the probate without using a lawyer?
How do I start?
To learn how
to engage us, click here.
What is the status of a certain probate matter?
Arizona
Probate is a service of a private law firm, not a government agency.
Most Arizona counties do NOT have their probate records online.
To ascertain the status of any particular probate matter in Arizona, a
manual search must be done in most instances. Once you have properly
engaged our law firm to represent you, we can help you to obtain
information about a particular probate matter.
What is probate?
Originally the term
"probate" meant "to prove the Will," but the term has grown to include the
administration of the decedent's estate. A probate is a procedure by
which the assets of a person who has died, called the "decedent," are
collected by someone with proper legal authority. That person, who
is known as the Personal Representative, pays the debts of the decedent
from the decedent's assets and then distributes the remaining assets to
the person or persons legally entitled to receive the assets.
There are several ways to
proceed in handling a given estate. An estate may be handled either (1) as
a single "supervised" administration or (2) as a series of separate
proceedings which may be either "formal" or "informal." Supervised
administration is reserved for complex estates. Informal proceedings are
used to handle uncontested matters. Formal proceedings are available if
there is a dispute or if someone wants a final court adjudication to
forestall later disagreements.
Most probate
proceedings are informal. Certain forms must be filed with the court, but
the court is not involved in collecting, managing, valuing, or
distributing the assets; and, once appointed, the personal representative
(the executor or executrix is called "personal representative" in Arizona)
can do virtually anything with the property which the decedent could have
done.
When is probate required?
In Arizona,
a probate may be required if a decedent:
-
Lived
outside of Arizona but owned real property or some other titled asset
located in Arizona.
-
-
Was
married and owned at the time of death more than one hundred thousand
dollars ($100,000.00) worth of assets.
-
-
Was
single and owned at the time of death more than fifty thousand dollars
($50,000.00) worth of assets.
How much does probate cost?
The cost of conducting
a probate proceeding can range from a few hundred dollars to thousands of
dollars, depending upon the size of the estate and the type of assets
involved in the estate.
Generally, the more
assets and the more complicated they are, the more it costs. Some lawyers
charge a percentage of the size of the estate to handle a probate matter,
while other lawyers either bill by the hour or charge a flat fee.
Fees for probate
proceedings in Arizona are not regulated (except that they must be
"reasonable"), they are subject to negotiation, and they may vary
depending upon the location or size of the law firm involved.
How long does probate
take?
A probate proceeding
can take anywhere from a few months to several years, depending upon the
number of assets involved, the nature of the assets, the number of
beneficiaries, the location of beneficiaries, and the amount of
cooperation received.
Notice to creditors
must be given and creditors have four (4) months in which to present a
claim against the Estate. Thus, no Arizona probate can be conducted in
less than four (4) months.
What do these words mean?
In
probate matters, certain words are commonly used such as "testator,"
"intestate", "devisee," etc. What do these words mean? Our
glossary explains the meanings of these terms
and many others. Click here to see the
glossary.
Can I conduct the
probate without using a lawyer?
Only lawyers may engage
in the practice of law in Arizona. Most courts would hold that conducting
a probate proceeding involves the practice of law.
Just as most people
would not perform their own open heart surgery, or perform a root canal on
themselves, unless you are an experienced probate attorney it is not
advisable for you to conduct your own probate proceeding.
If all you
need to obtain a property transfer is the Affidavit for Transfer of
Real Property or the Affidavit for Collection of Personal Property,
you may be able to do it by yourself once you have the proper form(s) and
appropriate instructions. If Letters of Administration are
required by a bank, insurance company, escrow or title company, or by
someone else, you should have a competent attorney assist you. If
you are unsure of what to do, or how to do it, you may find a consultation
useful.
How do I start?
To learn how to
engage us, click here.
For
probate assistance in Arizona, call us at 928/445-3230 or
click
here
to
contact us.
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