Best Probate Lawyers in Phoenix

FAQs

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

  Contact the Phoenix police at 602-262-6151 for non-emergencies.

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

  Police reports can be obtained online at https://phxpublicsafety.dynamics365portals.us/. You can also call the police's Public Records and Services Unit at 602-534-1127​ ​or send them an email at public.records.ppd@phoenix.gov. You can visit them at 1717 E Grant, Suite 100, Phoenix, AZ 85034.

• What kinds of questions should you ask a probate lawyer in Phoenix?

  You have to ask a probate lawyer in Phoenix if they are a generalist or specialist and if they have experience in the court where you'll be bringing your case to. You can also inquire how many cases they have handled similar to yours and their outcomes. Additionally, ask for the lawyer's assessment of your case such as the estimated timeframe for resolution and the possible issues that may crop up. Finally, check the lawyer's availability, fees, and communication approach.

• How do you file probate cases in Phoenix?

  Filings for probate cases in Phoenix can be done by mail and in-person submission. Visit personally the Clerk of Superior Court at 201 W. Jefferson St., Phoenix, AZ 85003, or 18380 N. 40th St., Suite 120, Phoenix, AZ 85032. When making a submission by mail, send it here: Clerk of the Superior Court's Office Probate File Counter 201 W. Jefferson, Phoenix, AZ 85003 You can drop documents 24/7 at depository boxes at the Clerk of the Court's Office in downtown Phoenix.

• Who can start a formal probate process in Phoenix?

  An interested individual can submit a petition to the superior court to start a formal probate process for a case in Phoenix. If an informal probate process has been initiated before, a formal probate petition can be filed. It usually takes a formal probate process to last several months due to the required four-month waiting period after a notice has been sent to creditors. When a case is brought to trial, it can take a year or longer to be resolved.

• Are there advantages to avoiding probate in Phoenix?

  There are advantages to avoiding probate in Phoenix. First, the probate process is tedious and can prolong the property distribution to beneficiaries for many months to years. There are a lot of costs entailed in a protracted probate process and these are lawyer's fees, court expenses, and appraisal costs. When a person in Phoenix who died did not plan ahead for their estate, probate is needed to resolve its distribution.

• What are the conditions you should take note of when filing an Affidavit of Real Property for a case in Phoenix?

  When filing an Affidavit of Real Property in Phoenix, it must be six months from the date of death. You must submit a valid original will if the decedent left behind one and a certified copy of the death certificate. The person designated for the property must be the one who will use the affidavit to collect the property. Lastly, the decedent's interest must not have a value of more than $100,000.

• 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.