Estate (Estate Planning)
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Beneficiary Deed Attorney Serving Chandler & Phoenix

Beneficiary deeds provide a way to transfer the ownership of Arizona property to a beneficiary if the owner dies. These types of deeds can have multiple beneficiaries and can pass the title two real property under Arizona law. Beneficiary deeds are not always the best solution for everyone and it is important to have your current situation evaluated by an experienced legal team before making any decisions.

If you need help establishing a beneficiary deed, our legal team is ready to help. When working with our law firm, you will have an experienced legal team with over 80+ years of combined probate and estate planning experience. Our goal is to take the stress off your shoulders and put it on ours. We offer a free consultation to analyze your case and determine how best to reach your goals.

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Should I Have A Beneficiary Deed?

A beneficiary deed is one component of an estate plan and is not the right solution for everyone. It is important to have your particular situation evaluated by an experienced estate planning attorney and to get their expertise on if a beneficiary deed is the right solution for you. 

Those who tend to benefit from a beneficiary deed are those who:

  • Are single or a couple is unmarried.
  • If the couple agrees on designated beneficiaries..
  • If you do not have a will and want to bypass Arizona’s Intestate Succession Laws.
The Estate Administration Process
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1. Initial Meeting

We offer a free 20-minute initial phone consultation to obtain pertinent facts about your case and determine if it is a matter we can assist with. When preparing for an initial phone consultation regarding estate administration, it's helpful to have all the necessary information ready. This includes your relationship to the deceased, the names of any living and deceased relatives, and a copy of the will, if one exists.

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2. Opening Probate

Based on the information you give us, we will determine how best to proceed with your case. If the facts of your case necessitate the filing of a petition or an application with the probate court, and you engage our firm, we will prepare and file that document on your behalf. If the Estate can be administered without the filing of a petition, we will prepare and file the necessary documentation with the court.

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3. Appointment of Personal Representative

After we file the petition, or an application, the Court will determine whether it is appropriate to appoint you (or the person you nominate) as the Personal Representative. If the requested appointment is made, we will move forward to guide the Personal Representative through the steps necessary to administer the Estate.

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4. Legal Notice

With your assistance, we will compile a list of all interested parties, including the Decedent’s heirs and creditors, and provide notice as required by law.

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5. Inventorying Assets

We will provide guidance to help the Personal Representative identify and inventory all assets of the estate. This includes real estate, bank accounts, investments, personal property, and any other assets owned by the Decedent.

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6. Paying Debts and Taxes

After legal notice has been perfected and the Estate assets have been inventoried, we will help you allocate estate funds toward any outstanding debts of the Decedent, including expenses of administration, statutory allowances, funeral expenses, medical bills, creditors, and any taxes owed.

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7. Distributing Assets to Beneficiaries

After expenses of administration, debts and taxes are paid, the remaining assets of the estate can be distributed to the beneficiaries according to the Decedent's will or Arizona’s intestacy laws if there is no will. If there are disagreements among beneficiaries and heirs, we will work with the Personal Representative to resolve those agreements, if possible.

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8. Closing Probate

After all steps of the administration have been completed, we will file documentation to close the case. This typically involves filing documents confirming all necessary steps of administration have been completed, and providing notice to appropriate parties that the estate has been closed.

Legal Disclaimer:

The information provided on this website is for general informational purposes only and is not intended to be legal advice. While we strive to ensure the accuracy and relevance of the content, it should not be relied upon as a substitute for professional legal advice. Each legal matter is unique, and the specific facts of any particular case will impact the overall legal procedure and the advice required. Therefore, we recommend that you consult with a qualified legal professional to obtain advice tailored to your individual circumstances.

Advantages & Disadvantages Of A Beneficiary Deed In Arizona

When evaluating if a beneficiary deed is the right fit for you, it is important to evaluate the advantages and disadvantages of this form of estate planning. When evaluating the advantages and disadvantages, it is also important to apply these to your particular situation to see if the fit is right for you. Some of the advantages and disadvantages are:

Advantages:

  • This is a simpler form and is less expensive than setting up a trust. 
  • A beneficiary deed will only go into effect after the death of the owner.
  • The owner can revoke the beneficiary deed or revise it at any point up until their death.
  • The owner retains all rights of ownership which includes selling, developing and encumbering the property while alive.
  • The transfer of ownership will occur outside of probate.

Disadvantages:

  • Beneficiary deeds do not account for the potential incapacitation of the owner.
  • Beneficiary deeds fail to account for unusual circumstances that may occur. They are not as flexible as a trust.
  • Because of the lack of flexibility, a beneficiary deed eliminates many different planning options that other forms of estate planning allow for.
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Contact An Experienced Estate Planning Attorney

At the Golden Rule Law Group®, our team is dedicated to helping and representing you. You will have an experienced legal team who have over 80+ years of combined probate and estate planning experience. Our team takes pride in taking the stress off of your shoulders and putting it on ours.

Our firm primarily serves the areas of Chandler, Gilbert, Phoenix and other areas around Maricopa County. If you are in need of an experienced probate attorney in Arizona, please contact us today to schedule your free case evaluation.

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Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. The Golden Rule Law Group® · Decker & Woods, PC's legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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