Chances are, you’ve been through a lot by the time you are in the probate process of an estate.  You might’ve lost a loved one from a long-drawn out battle with illness, or perhaps you’ve been surprised by the passing of someone dear to you.  Once the funeral is over, and the family has all returned home, there is still work to be done, especially if you’ve been named the Executor (or Personal Representative) of the estate. Now, the legal probate process begins which will help settle the financial affairs of the estate.

What is a probate lawyer?

A probate lawyer, or estate lawyer or an estate attorney, is a person responsible for taking a Personal Representative through the entire probate process, from start to finish.

The steps for the probate process vary depending on where the decedent lived at the time of his or her death and where the decedent owned real estate.  The steps also vary depending on if the decedent died testate (with a will) or intestate (without a will).

What is the probate process look like?

When a person dies testate in Arizona, the probate process follows a certain order.

1. Once the decedent dies, the Executor or Personal Representative (person named to carry out the wishes of the testator) will file the will in court with verification of signature and the death certificate.
2. The court reviews the petition to determine whether it is in the appropriate court.
3. If the petition is granted the administrative process of distributing the assets of the estate begins.  This may include paying bills, gathering assets and creating asset inventories.  During this time, any member of the public can review the file at the court clerk’s office during business hours.
4. After the court approves asset distribution, the executor transfers the estate property to the heirs as specified in the testator’s will.  Once complete, this effectively terminates probate process.

What does a probate lawyer do?

Throughout the probate process, the probate lawyer and the executor will work together to do the following:

1. Locating and securing probate assets.
2. Determine the value of the estate and its assets at the time of death.
3. Prepare and file all necessary paperwork for the probate court.
4. Collect proceeds from life insurance.
5. Determining proper course of action for all accounts including: retirement, IRAs and 401(K)s.
6. Advise on final payments from final bills and outstanding debts
7. Ensure estate checking account is in order
8. Determine what taxes will be due from the estate at the federal and state levels, and determine from what accounts to pay those taxes.
9. Address income tax issues
10. Help to settle disputes between Personal Representative and beneficiaries.
11. Assist with sale of real estate
12. Retitle decedent’s real estate into the name of the beneficiaries (if it’s not being sold).
13. Distribute what’s left of the decedent’s assets once all bills and taxes are paid.

How Long Does It Take to Complete an Arizona Probate?

If the probate is uncontested and is informal, most probate processes last between six to eight months depending on how quickly the executor completes the required duties. All Arizona probates have a four month creditors claim window before a probate can be closed.  If a trial is necessary, a formal probate could last one to two years or longer.

How Dana Law Can Help

You should avoid PROBATE! At Dana Law Group we know you’ve been through a lot.  We also understand this might be very unfamiliar territory to you.  That’s why we’re here to help.  Our licensed attorneys know the probate process and will serve as your help and guide you through the process.  Call us today to set up an appointment.  We will give you the individualized attention you need.  You can reach us at 1-800-381-8132.

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