If you have assets in your name and the financial limits mentioned above do not apply, yes. To avoid probate revocable trusts are usually recommended.
Does All Of A Deceased Person’s Property Have To Go Through Probate?
Only those assets in the deceased person’s name that did not pass automatically at death (i.e. joint tenancy, beneficiary designation, and more pass at the time of death without the need to probate these assets).
What Are My Options For Avoiding Probate?
Revocable trusts are the best option. Some people try to avoid probate by placing loved ones’ names on the account and so forth. Unfortunately, these often don’t work out or work out unfairly. It is best to speak to a knowledgeable attorney on your best options to avoid probate.
Can Probate Ever Be Better Than Avoiding It With A Living Trust?
Very rarely is this the case. In the event probate is necessary, a living trust/revocable trust can be taken through the probate process.
Who Are The Main Players In a Probate Case?
The Personal Representative (Executor), heirs, and the creditors. The Personal Representative has a duty to all the main ‘players’ in the probate process typically under the loose supervision of the Court.
What Are The Common Obstacles That People Face In The Probate Process?
We like to think if you hire our law firm there are very few barriers you will face. We are here to help you through the process and with our decades of experience, it is pretty unlikely we will face an issue we do not know how to handle or solve on the client’s behalf.
What Actually Happens During The Probate Process?
After completing all the forms required by the court, these get filed and the court returns the documents the client needs to collect the assets, administer the estate, pay the debts, and then close the estate upon completion.
What Is The Standard Timeline For A Probate Case?
Unless the deceased person died more than 2 years prior to probate, the process cannot take less than 4 months. This doesn’t mean the client has to wait 4 months to handle things, typically they can get many things done right away. The 4 months is necessary for any creditors to bring a claim. After the 4 months period, if everything else is done, then probate can close. The average is 6 months if everything goes smoothly.
How Can An Attorney Help Avoid The Risk Of Delays In A Probate Case?
Many delays can be avoided by staying on top of the probate, remembering deadlines and communicating with the client, creditors and heirs. Delays are actually not that common unless there is an issue with an asset or heir that is out of the client’s control.
What Are Some Common Costs Involved In A Probate Case?
Simple probates run about $3,000 plus filing fees. The more the client does the leg work on his or her own, the closer to this amount the probate can cost. Typically, the more involved the attorney gets the more costly the probate can be.
Can Someone Realistically Try To Navigate The Probate Process On Their Own?
We genuinely don’t think so. While some will start the process, often they throw up their hands soon afterwards and seek assistance as the probate process is confusing, with complicated forms and hard to understand requirements. We strongly recommend everyone that requires a probate hire an attorney.
What Happens After The Completion Of The Probate Process?
The process is over. The assets, or the funds, should be in the rightful hands of the heirs. A good attorney will have assisted the client in securing releases from all the heirs so that they can comfortably move forward having placed this process behind them. We find there is a great feeling of closure, both for the loss and the process after the probate process is completed.
What Sets Your Firm Apart In Handling Probate Matters?
I think it is a few things. One, we have handled numerous probates. I would say in the thousands. So, we know how it works and what needs to be done. This serves as great comfort to a client going through a difficult time knowing their law firm knows what they are doing and can assist in every step. Two, we are responsive to the needs of the client. Too often attorneys do not return phone calls or are hard to reach. We pride ourselves on a staff and attorneys that communicate with the client and are available when you need us. Three, compassion. This may sound odd for a law firm to mention compassion but we genuinely care about our clients. We understand the difficulty of the situation and want to assist them with this complicated process during this difficult time. Being compassionate enough to show we care is a great comfort to a client and we are frequently told how much this is appreciated.
For more information on Necessity Of Probate In Arizona, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 345-0444 today.
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