Guardianship (Protective Proceedings)
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What Are Conservatorship Petitions In Arizona?

Conservatorship is a legal process in which an individual, known as the conservator, is appointed by a court to manage the financial affairs of another individual, known as the conservatee, who is unable to do so themselves due to mental or physical incapacity. In Arizona, any individual interested in becoming a conservator must file a petition with the court.

If you need help with filing a conservatorship petition, then our legal team is ready to help. When working with our law firm, 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. We offer free consultations to help you determine what your next steps need to be.

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How Do I Establish Proof Of Authority In Arizona?

Proof of Authority is an Estate Administration process where an out-of-state personal representative domesticates their letters of appointment to show proof of their authority in Arizona.  That’s a process we can help with. This is typically used when there is a piece of property in Arizona that the foreign personal representative needs to sell. The title underwriter has the ultimate decision on whether they will accept a Proof of Authority or require the foreign personal representative to apply for and obtain Letters of Appointment in Arizona.

The process for becoming a conservator in Arizona begins by filing a petition with the court. Unlike Proof of Authority, the petition for conservatorship does not require a doctor’s report. However, it must be accompanied by other supporting documents and a proposed plan for the conservatorship. The court will review the petition and determine whether or not to appoint a conservator.

If the court decides to appoint a conservator, they will hold a hearing to determine the scope of the conservator's authority and responsibilities. The conservator will then be responsible for managing the conservatee's financial and personal affairs, including their healthcare, housing, and other daily needs.

If you are considering becoming a conservator in Arizona, it is recommended that you seek the advice of an experienced attorney who can guide you through the process and help ensure that your rights and the rights of the conservatee are protected.

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.

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Golden Rule gave us excellent service for an excellent price. Mr. Decker and Justin were knowledgeable and friendly and I'm very glad we went to them.
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Attorneys Woods & Decker were professional and compassionate. We were grateful for their quick response and ability to meet with us on short notice. They listened carefully and provided us with sound counsel. We highly recommend their services!
Don Priem
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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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