Probate (Probate and Trust Litigation)

Probate Attorney Serving Chandler & Phoenix

In probate and estate administration, the term “probate” refers to a type of court proceeding that involves a fiduciary who stands in the place of a deceased person. The goal of this fiduciary is to assemble the assets of the deceased to pay potential creditors and then distribute the balance to the beneficiaries. There is a lot that goes into the probate process and it is important that you don’t approach this process alone. Scheduling a consultation with an experienced probate attorney will go a long way in relieving stress and making sure you have a plan for managing your loved one’s probate process.

If you need help with your probate case, 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.

When Is The Probate Process Beneficial?

The probate process has its pros and cons. Probate can be advantageous when the deceased has a lot of debt. The debt that would be discharged would be debt that is questionable or has not been properly validated as a claim against the estate. Because these processes can be complex, the example below should help give an idea of how the probate process can be beneficial:

Example: Suppose there is a singular probate asset which is worth $290,000. Also, there is a bill from the hospital where the deceased spent one day, and that hospital bill is $300,000. If the hospital is paid, the widow will be left with nothing. In the probate process, the hospital will have to turn that bill into a valid claim against the estate. If they are unable to do so, then the claim can be denied and the widow would receive the entire $290,000 instead of the hospital receiving it.

In the example above, even if the hospital is able to turn that bill into a valid claim against the estate, then our firm would adjust our strategy to make sure the widow receives a piece of that $290,000 rather than the hospital taking the entire sum for the bill. There is not one strategy that works for every probate case, and it is important to have an attorney that has extensive experience in seeing many different scenarios play out. The experience will translate into a custom strategy for you and your loved one’s probate process.

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The Estate Administration Process

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.

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.

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.

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.

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.

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.

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.

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.

What Assets Can Avoid The Probate Process?

It is important to know that there are some assets that can bypass the probate process. The assets that can bypass the probate process are only items that do not automatically transfer to the designated beneficiaries through contract or as a matter of law. Some examples of items that bypass the probate process are:

Life Insurance
IRA Accounts
Pay on Death Accounts
Beneficiary Deeds
A house held as Joint Tenants with Right of Survivorship, Community Property with Right of Survivorship, or with a validly recorded Beneficiary Deed.

There are many nuances that need to be considered when going through the probate process. Our law firm offers free consultations to help you get a better idea of the steps you need to take for your loved one’s probate process.

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Nothing but calming, compassionate, informative, and helpful through the probate process. We are now updating our estate plan and continue to receive their attentiveness and professionalism.

Terry Dobbs

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.

James Harpole

These lawyers live by the motto of their firm. Their kindness and generosity of spirit gives lawyers the good name that all should strive for.

Tanner Tanner

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

Why Clients Choose Us

Experienced

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Sympathetic

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Contact An Experienced Probate 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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Address:
‍601 N Alma School Rd, Chandler, AZ 85224

Phone:
‍(480) 908-9051

Hours:
9am - 5pm

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