There are situations where the administration of a deceased person’s estate needs additional court oversight. When this happens, the estate goes into something called supervised probate, with the purpose of making sure every step of the process is closely supervised by the Court. If you have been named personal representative or are an heir to an estate that needs more court involvement than most, contact a Phoenix supervised probate lawyer. At Dayes Law Firm, we are experienced probate lawyers who are ready to help you through managing a complicated estate. Reach out today for an initial consultation.
When to Use Supervised Probate
There are three types of probate proceedings allowed in the state of Arizona: informal, formal, and supervised. Supervised probate is the most strict of the three as it involves continuous court oversight from the start of the estate’s administration to its closing.
Supervised probate differs from formal probate in how much oversight is needed, and why. With formal probate, the court is there to step in on occasion. Supervised probate, on the other hand, involves the court overseeing the entire process and is used when:
- There is a high potential for conflict, fraud, or mismanagement
- The will specifically requests supervised probate
- The court finds it necessary in order to protect the heirs’ interests (like minor or incapacitated beneficiaries)
- There are complex assets or debts
- An interested party formally petitions the Court for supervised probate
The Court’s level of oversight is high with supervised probate in Phoenix. The Court is involved in every step of administering the estate, including sale of assets, debt payments, and distribution of heirs. However, there is still a personal representative for the estate, and the person serving in this role must get court approval before making significant decisions.
The Process of Supervised Probate
Supervised probate is not as flexible with the process as other types of probate. The process usually starts when someone files a petition, asking the Probate Court for a supervised probate, and it will hold an initial hearing to determine its necessity. Then, if the Court decides that supervision is in the best interest of the estate, it appoints a personal representative. The person serving in this role must get court approval before making big decisions like selling property, paying debts, distributing assets, or settling disputes.
It is important that the executor document all actions they take, as they must report income, expenses, and other transactions to the court on a regular basis throughout the probate process.
How a Probate Lawyer Can Help
Some may think that because the court itself is so involved in supervised probate that they do not need a probate lawyer, but this is not true. An attorney who is experienced in probate proceedings is invaluable. A Phoenix lawyer can help a personal representative in supervised probate file petitions correctly and promptly so that no deadlines or statutes of limitations are missed. They can also assist in managing estate assets by coordinating appraisals, overseeing sales of assets, and keeping detailed records.
A lawyer can help address conflicts among beneficiaries or with creditors, and can keep the process of managing an estate on track, which helps to avoid unnecessary delays. Finally, a lawyer advocates on behalf of their client in court, which is common in supervised probate.
Contact a Phoenix Attorney About a Supervised Probate Proceeding
At Dayes Law Firm, we have successfully handled many supervised estate proceedings. We are committed to providing personalized attention to each client and aim to keep you informed about what is expected of you in each stage. With years of experience handling Arizona probate matters, we will do our best to minimize unnecessary delays and the risk of exposure. Contact a Phoenix supervised probate lawyer today.
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