Best Probate Lawyers in Glendale

FAQs

• What is the non-emergency contact number for the local police station in Glendale, Arizona?

  For non-emergency concerns or to speak to a Glendale Police officer, call (623) 930-3000.

• Where can I get a copy of police reports for incidents related to my case in Glendale, Arizona?

  To obtain a copy of your traffic accident report, call (623) 930-3100. You can also go on the website of the Glendale government, download and fill out a Public Records Request form (PDF), and email it to PDPublicRecords@glendaleaz.com. Another option is to mail the completed form to this address: Glendale Police Department Attn: Records 6835 N. 57th Drive Glendale, AZ 85301

• What are the responsibilities of a personal representative in a probate process in Glendale?

  If you are named in the will or chosen by the Glendale court as the decedent's personal representative, you will facilitate the collection of assets, including real estate, retirement and bank accounts, and business assets. After that, you will settle the decedent's debts, pay off claims, and distribute inheritances to beneficiaries. Finally, you will file the decedent’s last tax return. The decedent's estate will then be closed once it passes the judge's review.

• Can you avoid having your family go through probate when you pass in Glendale?

  Yes, your Glendale family can avoid probate through your proactive estate planning. Some estate planning tools that you can establish include the following:

  • Wills – To specify your wishes like who gets what, your will executor, or your children’s guardian
  • Trusts – To assign a person to manage your assets and specify conditions of the asset management
  • Estate tax planning – To minimize taxes on your family
  • Powers of attorney – To designate the person who will make decisions on your behalf if you are incapacitated

• Do you have to go to court for the probate process in Glendale?

  Not necessarily. There are three probate types in Glendale, and only one heavily involves the court:

  • Supervised Probate - This can be requested by any party with interests in the estate. The court will supervise and must approve each action in the probate before implementation.
  • Formal Probate - The court is involved due to a legal concern or dispute with the estate's administration, such as a will contest.
  • Informal Probate - Minimal to no court participation. For estates with valid and uncontested wills.

• When is an estate subject to probate in Glendale?

  Probate is needed if the decedent has assets but no designated beneficiaries, which is usually the case for decedents with no wills. The family may also need to go through probate if there is a will, but the will needs court validation. Furthermore, estates valued over $75,000, or estates with real properties valued over $100,000 are required to go through probate in Glendale.

• Are all of the decedent’s assets subject to creditor claims during probate in Glendale?

  No, there are certain assets that are exempt from creditor claims and assets upon which heirs have priority claims in a Glendale probate. According to Arizona Revised Statutes Sections 14-2402, 14-2403, and 14-2404, these may include homestead allowance, personal effects, automobiles, household furniture, and reasonable family allowance. These exempt allowances and properties are entitled to the decedent’s living spouse and children of minor ages.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.