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How to Become Executor of Estate After Death

An estate’s personal representative is the individual appointed by a probate judge to handle an estate’s affairs. Their responsibilities will include gathering the decedent’s assets, settling their liabilities, distributing remaining assets to beneficiaries, and ultimately closing the estate. If the decedent names a personal representative in their last will and testament, they’re referred to as an executor. If the decedent…

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What Happens If an Estate is Not Closed?

It can be emotionally challenging for families to close a loved one’s estate when they pass away. Sorting through their personal possessions, accessing their private accounts, and handling their assets is frequently delayed until the family has had time to mourn and process their loss. While the law provides time to accommodate for this, there can be significant repercussions for…

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What Assets Must Go Through Probate?

Probate is the legal process through which a decedent’s will is validated, liabilities are settled, assets are distributed to beneficiaries, and the estate is formally closed. While probate is undeniably important, it can be time consuming and costly. Fortunately, only a handful of assets are subject to probate. With proper estate planning, most (if not all) assets can be positioned…

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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 to Probate If My Husband Dies?

If your husband left a will, you’re legally obligated to submit his will to the county probate court, though you’re not necessarily required to petition to open probate when you submit the document to the court. The question of whether or not probate is necessary will largely depend on the assets he left behind, and whether or not there are…

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How to Value Personal Property for Probate

In probate proceedings, the decedent’s assets can be lumped into two categories: real property and personal property. Real property includes any type of real estate, such as a house, condo, or land. Personal property generally refers to any other type of property that a person or estate may own. Personal property can include tangible assets like vehicles, art, jewelry, and…

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How Long Can an Estate Stay in Probate?

When someone dies, their beneficiaries have up to two years to open probate. Once probate is opened, there aren’t any time limits that will cause the case to expire. A probate judge may issue deadlines to hold the estate’s executor responsible, but the court will generally allow a reasonable amount of time for the executor to handle the estate’s affairs….

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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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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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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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