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What Does Undisposed Mean in Probate?

The term “undisposed” can have several meanings in probate cases depending on the context. “Undisposed assets” typically refer to estate property that wasn’t bequeathed in the decedent’s will, while an “undisposed estate” usually means an estate that hasn’t been probated. In both cases, the term “undisposed” isn’t necessarily a bad thing. Undisposed assets that aren’t covered in the will may…

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Do I Need Probate If There Are No Assets?

The primary purpose of probate is to transfer a decedent’s assets to their beneficiaries or legal heirs. When an estate doesn’t have any assets—or when the estate’s assets are positioned to transfer to beneficiaries outside of probate—then probate may not be necessary. In this case, the only notable benefit to completing probate would be to formally close the decedent’s estate….

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Cost of Arizona Probate and Other Associated Fees

You will frequently hear that probate is expensive and will take a long time. Of course, the meaning of expensive and time-consuming is relative. Let’s start with the cost side first. Will the Attorney Take a Percentage of the Estate in AZ? The short answer is no. Probate attorneys in Arizona are required to charge a “reasonable” fee for services,…

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Arizona Probate Law for Someone Who Dies With No Will

When someone passes away without a will, they die “intestate.” Their assets will transfer to their heirs through probate court according to the laws of intestate succession. Unfortunately, intestacy proceedings don’t leave the decedent’s family and friends with much say over who gets what. Before we dive into the specifics of intestacy laws in Arizona, it helps to understand what…

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What is the Purpose of Probate in Arizona?

In the state of Arizona, probate law is governed by Arizona Revised Statutes Title 14 Chapter 3 (ARS 14-3301). Probate proceedings are based on the Uniform Probate Code (UPC) which has been adopted by 18 states in an effort to standardize the probate process in the United States. Probate is the process of settling a deceased individual’s estate through probate…

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Questions to Ask a Probate Attorney

Whether you are in line for an inheritance from a deceased relative or being asked to act as the executor of an estate, you probably have a lot of questions. Getting the right answers to those questions is essential, since even a simple mistake could have costly and long-lasting consequences. A qualified probate attorney can be a wealth of information…

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Can You Sell a House Before Probate?

Probate is the legal process of settling a deceased individual’s liabilities, distributing their assets, and closing their estate. If the decedent left a will, their assets will be distributed according to the instructions in the will. In the absence of a will, the estate is considered “intestate,” and the decedent’s assets will be distributed according to the state’s intestacy laws….

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What Does a Probate Attorney Do?

The process of closing an estate and ensuring that the assets are distributed according to the wishes of the decedent is always a difficult one. For family members and loved ones, the process is fraught with emotion, with memories of better times and grief for what has happened. For everyone else, the legal complexities and difficulties with heirs can make…

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What Happens If a Will is Not Probated?

Probate can be a costly, time-consuming process, so it’s natural to question if probate is necessary. To understand what happens if a will is not probated, it helps to understand the difference between probate and non-probate assets. Probate Assets Any assets owned solely by the decedent are subject to probate. This includes: Individual bank accounts in the decedent’s name Brokerage…

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When is Probate Required in Arizona?

In the state of Arizona, probate is only required if the decedent has any assets that did not transfer automatically upon their death. These assets tend to be titled individually in the decedent’s name and will require a probate court to transfer the title of ownership to the intended beneficiary. Which Assets Are Subject to Probate? The following assets are…

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