Tucson Probate
Probate is broadly understood to be the legal process that is often necessary to settle our financial affairs after we have passed away. However, the Probate Court hears other kinds of cases as well. For example, petitions for guardianship of and/or conservatorship for adults are addressed to the Probate Court. Some people refer to the Probate Court as the court of compassion.
Probate is not necessarily a dreadful process that should be avoided at all costs. The work is often done at a law office, and should take no longer than five or six months in most cases. What happens in an “informal probate”, the most common, is that the Court oversees the orderly process of settling the deceased’s estate. Creditors are given notice of the death, debts are paid, and the assets that remain are distributed according to the Will if there is one, otherwise according to the intestacy statute.
Areas of Probate in Which We Work
- Estate Administration
- Probate Court Proceedings
- Appointment of Personal Representative (Executor)
- Consultations regarding whether Probate is required
What makes a probate necessary in Arizona?
- When at least $50,000 in personal property or $75,000 in real estate passes through the decedent’s estate rather than to another owner with right of survivorship, or by beneficiary designation.
- When a creditor or an heir of the decedent petition the Court.
- When there are legal actions for personal injury or wrongful death, or to determine title to property alleged to belong to the estate.
Probate can be triggered by a single asset that passes through a decedent’s “probate estate”, in other words, through the Will or by intestate succession. For example, the decedent had been careful to designate beneficiaries on financial accounts, but had neglected to re-title his home in a way that would enable it to pass as a “non-probate” asset. It would have been relatively easy and inexpensive to handle this situation during the decedent’s lifetime. If left undone, a probate of the estate could be required.
