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Phoenix Probate Attorney:
Probate Lawyers in Arizona


A Phoenix probate attorney can help you understand the probate process in Arizona. Since this is a crucial component of estate planning, with serious potential consequences, it only makes sense to make these decisions well in advance.

What is Probate?

Probate law is in general the transfer of property from the decedent’s estate to the beneficiaries. Probate itself is essentially proving the existence of a will. It can also involve determining who the decedent’s heirs are in the event that there is no will in place. Probate is used to determine who the assets will be transferred to. Accordingly, there is usually no need for probate if there are no assets to transfer.

A Phoenix probate attorney will also be able to assist in the tax process associated with probate. It is possible that some taxes may be due because of the decedent’s death, in addition to the properties’ transfer.

Your Phoenix probate lawyer will also help you understand how to address any debts and taxes that are outstanding. Many times creditors still need to be paid, even after death. An effective probate lawyer will be able to advise you so that unpaid creditors are less likely to surface and contact the beneficiaries.

Even with a more modest estate, probate, at least under the supervision of the court, will likely still take place. Although a small estate is potentially less complex, probate is often necessary before the property of the deceased can be distributed legally to the heirs or beneficiaries.

Probate and Wills

When a person dies with a will in place, a court will generally allow an opportunity for others to protest the will. There are some common objections that can be employed. Questions may include:

  • Was there a more recent will?
  • Was the diseased competent when the will was created
  • Was the will executed properly?
  • Is the will for some reason invalid?

    Concerns like these can make probate increasingly complex, and this is another reason why it is so crucial to meet with a Phoenix probate attorney to better understand your unique situation.

    Can You Avoid Probate?

    Some people seek to eliminate the possibility of probate in the future. One tool that a Phoenix probate attorney can use is the revocable living trust. Using a living trust, an individual can transfer ownership during their lifetime to the trust itself. In this case, the assets are legally owned by the trust at the time of death. Since this is the situation, these assets are not available for probate. And, although assets in a trust are still potentially available to creditors, it makes it more difficult for creditors to access the property. These creditors are usually forced to petition the court to have a chance at reaching the assets.

    The Importance of Consulting with a Phoenix Probate Lawyer

    There are other methods of avoiding probate that your Phoenix probate attorney can discuss with you. Arizona and Phoenix probate law have some specifics that you may not be aware of. These unique aspects may apply to large and small estates. Your attorney will likely know how to simplify the probate process greatly. Of course, it is never too early to begin thinking about estate and probate planning.

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