Informal Probate Attorney Mesa, AZ

Navigating Informal Probate in Arizona: A Simplified Path

When it comes to handling the estate of a loved one, the probate process can seem overwhelming. At Copper Wren Law, we’re here to ease that burden.

One of the most streamlined ways to manage an estate is through informal probate. This process can simplify estate administration, making it less stressful and more efficient for families.

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  • When my father in law passed away, last year, my husband and I had no idea where to start. To make things harder we live in Iowa, so getting things started was that much harder. We were given Copper Wren's information. I called and spoke with Carly. She gave me information … More on the probate process and then we had a consultation on Google Meet. We met in person once we were able to get to Mesa. The whole team made feel comfortable and we knew we had made the right choice. We were able to finish the rest of the process with phone calls and emails. When we did have questions, Carly was prompt with responding. Carly is very knowledgeable with the probate process. I would use Copper Wren for all my estate planning needs, if I lived in Arizona.
    Avatar ★★★★★ Aug 2024 Susan Poplawski

What is Informal Probate?

Informal probate is a legal process used to administer a deceased person’s (the decedent) estate without the need for extensive court involvement.

In Arizona, probate is often necessary to transfer assets out of the decedent’s name and distribute them to those who should rightfully inherit them.

Informal probate is designed to expedite the transfer of assets while minimizing costs and delays.

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Informal Probate is the easier, faster way to get through the probate process.
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When is Informal Probate Appropriate?

Informal probate is typically appropriate in situations where:

  • There is a Valid Will: The decedent left a clear, properly executed will that provides explicit instructions for asset distribution.
  • No Disagreement is Expected: All heirs and beneficiaries are in agreement with the terms of the will, and there are no anticipated disputes.
  • No Complex Assets: The estate primarily consists of straightforward assets, such as bank accounts, personal property, and real estate, without complicated business interests or significant debts.
  • Small Estates: The total value of the estate is relatively modest, making the simpler process of informal probate more suitable.

The Informal Probate Process in Arizona

The steps to initiate and complete informal probate in Arizona are designed to be as straightforward as possible:

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Step 1: Filing an Application

The process begins with filing an application for informal probate with the probate registrar in the proper county. This application includes information about the decedent, the will (if one exists), and the proposed personal representative (executor).

Step 2: Submitting the Will

If there is a will, it must be submitted to the court along with the application. The probate registrar will review the will to ensure it meets all legal requirements.

Step 3: Appointment of Personal Representative

If the application is approved, the probate registrar will appoint a personal representative to administer the estate. This individual is responsible for managing the estate’s affairs, paying debts, and distributing assets according to the will.

Step 4: Notice to Heirs and Creditors

The personal representative must notify all heirs and beneficiaries of the probate proceedings. Additionally, creditors must be notified so they can present any claims against the estate.

Step 5: Inventory & Appraisal

The personal representative is required to inventory the estate’s assets and, if necessary, have them appraised. This inventory is filed with the court and provides a clear outline of the estate’s value.

Step 6: Settlement of Debt & Taxes

The personal representative pays any valid claims from creditors, as well as any necessary taxes. Once these obligations are met, the remaining assets can be distributed to the beneficiaries.

Step 7: Distribution of Assets

After settling debts and expenses, the personal representative distributes the remaining assets according to the terms of the will or, if there is no will, according to Arizona’s intestacy laws.

Step 8: Closing the Estate

Once all assets have been distributed and all duties fulfilled, the personal representative files a closing statement with the court, officially closing the estate.

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Client Testimonials

  • My brother had passed away and we needed a lawyer to help with his probate case. A coworker recommended Copper Wren Law group to me. From day one Carly was so kind and helpful. She helped guide me through … More the process and was always available when I had a question. She gave me regular updates on my case as it moved forward. I would highly recommend Copper Wren Law group to anyone that is looking for a good lawyer that is willing to work hard for them.
    Avatar ★★★★★ Apr 2024 Lorie P
  • 10 stars..I needed help with an issue of my deceased husbsnds..Carly snd Elizabeth were so much help..in 1 day than other lawyers were in 6 yrs. I so highly recommend them..quick to act..and determined … More to have results for you..I so thank them for all they did..
    Avatar ★★★★★ Jul 2024 gail
  • When my father in law passed away, last year, my husband and I had no idea where to start. To make things harder we live in Iowa, so getting things started was that much harder. We were given Copper Wren's … More information. I called and spoke with Carly. She gave me information on the probate process and then we had a consultation on Google Meet. We met in person once we were able to get to Mesa. The whole team made feel comfortable and we knew we had made the right choice. We were able to finish the rest of the process with phone calls and emails. When we did have questions, Carly was prompt with responding. Carly is very knowledgeable with the probate process. I would use Copper Wren for all my estate planning needs, if I lived in Arizona.
    Avatar ★★★★★ Aug 2024 Susan Poplawski

Why Choose Copper Wren Law for Probate in Arizona?

At Copper Wren Law, we understand that dealing with the loss of a loved one is never easy.
Our goal is to provide compassionate and expert guidance through the informal probate process, ensuring that your loved one’s estate is handled efficiently and with the utmost care.

We are committed to making this difficult time as manageable as possible, offering personalized support every step of the way.

Navigating informal probate doesn’t have to be overwhelming. Trust the experienced team at Copper Wren Law to help you through the process with empathy, integrity, and a deep commitment to protecting your family’s legacy.

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Frequently Asked Questions About Probate in Mesa, AZ

Want answers to your specific Probate situation?

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While probate in Arizona occurs in the county where the deceased resided, it’s not always required. You can avoid probate for assets held within a trust or transferred via a TOD (Transfer-on-Death) deed. However, Arizona law mandates probate for wills and any assets not covered by those methods.

In Arizona, the size of an estate significantly impacts whether it requires probate. If the deceased owned over $100,000 in real property or more than $75,000 in personal property, probate becomes mandatory under Arizona law. This applies even if a will exists – the court must still validate its authenticity.

What Happens if You Don’t Probate a Will in Arizona?

Ignoring a required probate in Arizona can lead to serious consequences:

  • Frozen Assets: Individually titled assets will remain in the deceased’s name, making them impossible to distribute or access.
  • Financial Risk: Without probate, the estate’s assets become vulnerable to losses and potential creditor claims.
  • Unwanted Probate: Other interested parties, like creditors or beneficiaries, can petition the court to open probate, adding complexity and potentially derailing your wishes.

Bottom line: If you’re unsure whether probate is necessary, consult with a qualified Arizona estate attorney to avoid potential complications.

Want to keep your assets out of Arizona probate court? A living trust could be the answer.

Here’s how it works:

  1. Create a Trust Document: Similar to a will, this legal document details how you want your assets managed and distributed.
  2. Transfer Assets: Place your assets — real estate, bank accounts, vehicles, etc. — into the trust’s ownership.
  3. Name a Successor Trustee: Designate a trusted individual to manage the trust and distribute assets according to your wishes after your death.

By using a living trust, you maintain control over your assets and potentially avoid the delays, costs, and public nature of probate. Consult with an experienced Arizona estate planning attorney to see if a living trust is right for you.

While navigating the loss of a loved one is never easy, understanding probate costs in Arizona can bring some financial clarity. However, pinpointing an exact figure is tricky as several factors come into play:

Types of Probate & Average Costs:

  • After-Death Probate: This common type typically costs between $10,000 – $15,000 for straightforward cases.
  • Probate While Living: Costs for this less common scenario (also known as conservatorship) usually range from $20,000 to $25,000. However, complexities can push expenses towards $50,000 or more.

Factors Influencing Costs:

  • Estate Complexity: Estates with numerous beneficiaries, contested wills, or challenging assets often lead to higher legal and administrative fees.
  • Attorney Fees: Hiring an attorney provides valuable guidance. Expect to pay $2,000 to $5,000 in attorney fees, either through an hourly rate or a flat fee arrangement. Rates vary among law firms.
  • Court and Filing Fees:
    • Initial probate application: $164 – $250 (varies by county)
    • Court filing fees: $300 – $350 (varies by county)
    • Copy and recording fees: Approx. $300

Probate Costs Can Escalate: Keep in mind that lengthy disputes, property appraisals, and unforeseen complications can all contribute to increased expenses.

Recommendation: For a precise estimate, schedule a consultation. We can expertly assess your unique situation and provide tailored cost projections.

The Informal Probate Process in Arizona

The steps to initiate and complete informal probate in Arizona are designed to be as straightforward as possible:

Step 1: Filing an Application

The process begins with filing an application for informal probate with the probate registrar in the proper county. This application includes information about the decedent, the will (if one exists), and the proposed personal representative (executor).

Step 2: Submitting the Will

If there is a will, it must be submitted to the court along with the application. The probate registrar will review the will to ensure it meets all legal requirements.

Step 3: Appointment of Personal Representative

If the application is approved, the probate registrar will appoint a personal representative to administer the estate. This individual is responsible for managing the estate’s affairs, paying debts, and distributing assets according to the will.

Step 4: Notice to Heirs and Creditors

The personal representative must notify all heirs and beneficiaries of the probate proceedings. Additionally, creditors must be notified so they can present any claims against the estate.

Step 5: Inventory & Appraisal

The personal representative is required to inventory the estate’s assets and, if necessary, have them appraised. This inventory is filed with the court and provides a clear outline of the estate’s value.

Step 6: Settlement of Debts & Taxes

The personal representative pays any valid claims from creditors, as well as any necessary taxes. Once these obligations are met, the remaining assets can be distributed to the beneficiaries.

Step 7: Distribution of Assets

After settling debts and expenses, the personal representative distributes the remaining assets according to the terms of the will or, if there is no will, according to Arizona’s intestacy laws.

Step 8: Closing the Estate

Once all assets have been distributed and all duties fulfilled, the personal representative files a closing statement with the court, officially closing the estate.