Estate & Probate Law

Our law firm handles probate cases in Arizona courts.  We represent clients in all aspects of probate procedure, including probate litigation, with the primary goal of having your probate matter move forward as quickly as possible to closure.  We also represent and protect the interests of beneficiaries and creditors of estates.

Probate Administration
 

Our first step is almost always to determine whether or not probate is even required. If the estate is small enough and there are no disputes among the beneficiaries, the estate may be able to be distributed without need for any probate court proceedings.   In Arizona, probate can be commenced either with or without a Will and can be filed either informally or formally.  Generally, if the decedent did not have a Will, then the court will appoint an administrator to perform many of the functions such as gathering assets and identifying the creditors of the decedent's estate.  If the decedent has a Will, then the Will usually will name a personal representative (i.e., executor) of the estate. The PR generally assists the attorney in identifying the decedent's assets and creditors, as well as family members who must receive notice of the probate proceeding.  After the petition is filed, the creditors, family members and beneficiaries are notified by mail and by newspaper publication that the probate has commenced.  In Arizona, creditors are given a set period of time to make their claims against the estate.  In the meantime, we work together with the PR to prepare an inventory and, later, an accounting of the value of the assets and the total amount and number of creditor claims that must be paid.  If some of the assets need to be sold in order to distribute the proceeds or pay federal estate and income taxes, then we can assist the PR accomplish this task.

Beneficiary and Creditor Interests
 

If you are a beneficiary or a creditor with either a concern that the probate may not be progressing in a manner that you think is appropriate or if you have an actual dispute with the PR or administrator of the probate proceeding, our law firm can represent your interests.  Probate litigation can be costly and time consuming.  In order to minimize your legal fees, we attempt to negotiate a compromise for all parties first before commencing litigation.
 

Estate Planning Process

For clients desiring to streamline the administration process, have their estates privately administered outside of probate altogether, or who have unique or complex plans for the disposition of their estate, our law firm can prepare a comprehensive estate plan for you, your family and your business interests, involving some or all of the following devices:

If you have a current or anticipated trust or probate matter and would like to schedule a consultation, please click here or call our office at (602) 678-2970.   

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