The legal process of handling a deceased person’s estate can be overwhelming, especially if there are conflicts, ambiguity, or complex assets to manage. If you are facing a situation where informal probate is not an option, contact a Phoenix formal probate lawyer. At Dayes Law Firm, our highly experienced team can help you if you have been named as a personal representative to an estate or if you are an heir seeking to dispute the administration of an estate. Contact our trustworthy probate attorneys to schedule an initial consultation. They take multi-jurisdictional probate cases and can operate in several other states.
When is Formal Probate Required?
Formal probate is the legal process of administering an individual’s estate through the court system. Arizona is one of the eighteen states that allow for informal probate, which is a route many estates go through in our state. However, the formal process is still required in certain circumstances. An estate may need formal probate if the estate exceeds a certain value: in Arizona, the estate limits are currently $75,000 in personal property and $100,000 in real estate. Court involvement is necessary when a person dies without a valid will – otherwise known as an intestate estate.
The purpose of formal probate administration in Phoenix is so the court can appoint a personal representative and any assets can be distributed in accordance with either a valid will or the intestate succession laws.
Even if there is a will, formal probate serves to resolve issues if the will includes ambiguous or conflicting language or if an interested party challenges its validity. For example, if an heir claims the deceased person lacked capacity when they changed their will a week before their death, the court intervenes to resolve conflicts. Additionally, when heirs disagree over who should receive certain assets or whether the personal representative is following the will properly, formal probate is usually necessary.
This formal process can also ensure that creditors are notified and paid when a person has died with outstanding debts. Creditors may make claims against an estate in Probate Court and the estate must settle those debts.
How a Formal Probate Lawyer Can Assist
Formal probate administration can easily become confusing and overwhelming. Hiring a Phoenix attorney provides several benefits, including step by step assistance from start to finish. We help our clients with various probate related tasks including:
- Filing a petition to open probate
- Notifying beneficiaries and potential creditors
- Inventorying and appraising estate assets
- Reviewing creditor claims for validity and settling debts
- Addressing disputes
- Distributing assets
- Filing any final paperwork with probate court
Our team of attorneys has experience handling various complications that can arise with a will like contested will, vague wording, mismanagement of an estate, or other concerns. When you have the help of a skilled lawyer, the estate goes through the formal probate process faster and without delays. A personal representative can face personal liability if they make mistakes in their role, but representation from Dayes Law Firm reduces the risk of mismanagement as we help executors understand and fulfil their duties.
Contact Dayes Law Firm and Work with a Phoenix Formal Probate Attorney
Reach out to us if you have been named executor of an estate or have concerns about how one is being managed. Our Phoenix formal probate lawyers have the knowledge and experience to help you through the often complex process, whether you are a personal representatives fulfilling your duties or a beneficiary who has concerns about fairness and accuracy. Contact us today for an initial consultation, and to make the formal probate process as stress-free as possible.
N/a
