What You Need to Know About Probate Laws
To effectively manage the estate of another person, it may be in your best interest to retain a Scottsdale AZ probate lawyer who can explain the Arizona probate laws. By making this decision, you could alleviate overwhelming feelings about what you should or should not do as well as receive advice on how best to maintain and organize the estate.
Our Scottsdale Arizona probate attorneys are well versed in legal matters encompassing probate, Arizona probate laws and estate management. Our law firm offers a broad range of services to assist clients in the creation and execution of wills and other relevant issues. Through years of mentoring, continuing training, and hands-on experience, we have the guidance needed to get successful results. If you are the executor or beneficiary of an estate and ready to settle the affairs of a person who is incapacitated or recently deceased, please call us. As a probate lawyer in Scottsdale AZ, we can help you to avoid hurdles, setbacks, or drama which is often associated with legal proceedings that may follow suit.
A probate lawyer, also known as an estate lawyer, is responsible for guiding a beneficiary of an estate through the complex probate process. Each step of the way will be dependent upon Arizona probate laws, as well as other underlying factors. Once legal documents have been gathered, a Scottsdale AZ probate lawyer may create and execute a plan which includes the distribution of all assets. In addition to this, a lawyer might also provide guidance on:
- Pay off any owed debt or taxes
- File state and federal tax returns
- Oversee funeral expenses
- Locate next of kin or other relatives
- Distribute retirement benefits and other financial assets
- Contest probate disputes
- Guardianship of your children
- Offer counsel in wrongful death claims which could be related to the probate
When Probate Court is a Factor
When the owner of an estate passes away or is no longer capable of making an important decision, the beneficiaries may be required to go to probate court. Having a lawyer by your side can make this process much more comfortable and give you peace of mind in knowing your interests are in good hands.
Probate court typically involves a judge and no jury. The judge may assess the case and help to organize and settle the affairs as laid out by the individual who drew up the estate plan. A Scottsdale AZ probate lawyer and the judge might also try to resolve the following in probate court:
- Prove the will of the deceased or incapacitated person is valid
- Appoint a person to be in charge of organizing, inventorying, and dividing the assets and debts
- Make agreements to pay any outstanding debts or taxes
- Resolve disputes that could arise among family members
- Distribute the remaining assets as the will directs
The Benefits of Retaining a Probate Lawyer
Choosing to have a probate lawyer guide you through this complex process can be invaluable. Benefits include, but are not limited to:
- A lawyer can let you know what your options are for probate
- You can ensure you have a say in how things are carried out
- A lawyer will provide an unbiased opinion on the situation
- The process can be resolved as quickly as possible
How Can I Avoid Probate in Arizona
Avoiding probate of your estate is one of the many good reasons you should consider creating a properly executed Arizona estate plan. Your family could be forced into expensive and prolonged litigation in a probate court if they were to disagree regarding who will manage your assets prior to the final distribution of your assets or there are disagreements among your heirs regarding the value of your assets or the final distribution of those assets among your heirs.
Furthermore, the court will be required to distribute your assets in accordance with the applicable Arizona statutes, which may not be the same distribution you may have otherwise chosen. The best and most cost-effective way to avoid these problems is to have a properly executed and complete estate plan.
However, there are certain assets that automatically pass to a designated person(s) upon your death and would not, therefore, be subject to management or distribution by a probate court. Specifically, certain designations on bank accounts, retirement accounts, and life insurance policies will cause those assets to immediately pass to the designated persons indicated on those accounts.
We are able to offer legal counsel associated with the laws and regulations encompassing probate law, probate court, and its processes. As a respected law firm, we are happy to guide you through the steps so you understand exactly what to expect. Rest assured, it is our ambition to resolve any financial matters and distribute the estate according to the will as fast as possible. To schedule a confidential consultation with a Scottsdale AZ probate lawyer, please call (480) 947-4339.