Probate
In Arizona, a probate is required when a deceased person (the “Decedent”) has more than $75,000 in assets that are not titled to a trust and do not have a beneficiary listed.
When a probate is required, documents called “pleadings” have to be filed with the probate court to open the probate and appoint the Personal Representative (called an “Executor” in other states). The Personal Representative has the authority to collect the Decedent’s assets and distribute them to the heirs or devisees.
If the Decedent had a Will, then the Will determines how the assets are distributed.
If the Decedent did not have a Will, then the Arizona statutes determine how the assets are distributed.
We assist the Personal Representative throughout the administration process by:
- Preparing the pleadings and filing them with the court;
- Obtaining a tax identification number for the estate;
- Publishing a Notice to Creditors to shorten the time period that unknown creditors have to make a claim;
- Notifying heirs and devisees of their status;
- Preparing an inventory of the estate’s assets;
- Assisting in collecting and re-titling assets to the estate;
- Preparing a distribution plan to explain the distribution to the heirs or devisees; and
- Preparing releases for the heirs or devisees to sign to protect the Personal Representative from any disputes after the funds are distributed.