Mesa Probate Lawyer

Mesa Probate Attorney

When a loved one passes away, navigating your grief in addition to handling their estate can be complex and emotionally taxing. A Mesa probate lawyer can help families navigate the legal procedures required under Arizona law. CDM Law Firm represents clients throughout Mesa and Maricopa County in probate-related matters.

Probate is the legal court-overseen process taken after a loved one passes away. It includes the court validating their will if one was written, establishing who is in charge of the estate, dealing with any debt or taxes, and distributing assets to beneficiaries. Having a skilled attorney on your side during this process can help settle any disputes over the will, make sure the process is compliant with state law, and ensure your loved one’s wishes are respected during the entirety of probate.

Understanding When Probate Is Required

Not every estate has to go through probate in Arizona. State law provides alternatives for small estates. Currently, an estate may qualify for a “small estate affidavit” filing if the total value of personal property is less than $75,000 and the real estate value is under $100,000. The average home in Mesa is $442,097, making probate a likely requirement. If the estate exceeds these limits, formal probate is typically required. With Mesa’s population being 517,151 in 2024, many families may face the probate process.

Key Steps in the Arizona Probate Process

Arizona law outlines three types of probate proceedings: informal, formal, and supervised. Each is used depending on the complexity of the estate and whether there are arguments among heirs. They can be defined as follows:

• Informal probate is the most common and can be completed without a court hearing. It is used when the will is legally valid and there are no objections from loved ones or other parties.
• Formal probate is used when the validity of the will is in question or if someone contests the appointment of the personal representative. This type of proceeding involves court hearings and judicial oversight.
• Supervised probate occurs when the court determines that close oversight is necessary to protect the interests of the estate. This type may be required if there is a significant conflict or if the beneficiaries are minors.

To start probate, once the deceased’s will is validated by the court, a loved one will file papers with the court to ask to be in charge of the estate during probate. This responsibility includes contacting debt collectors, identifying and collecting assets, and distributing assets according to the will. This person is chosen either by name in the deceased’s will or appointed by the court. Their responsibilities include:

• Locating and valuing assets. All property, bank accounts, and other valuables must be accurately identified and appraised.
• Notifying creditors. Arizona law requires notice to all known creditors within a set time frame, allowing them to file claims.
• Paying valid debts and taxes. This includes settling outstanding loans, utility bills, and any estate taxes due.
• After any debts or taxes are paid by the estate, the remaining assets can be distributed to named loved ones or beneficiaries in the will. If there is no will in place, the estate will default to the state’s intestate succession laws. This means that, generally, the surviving spouse and children will be prioritized.

CDM Law Firm helps personal representatives carry out these duties properly and in compliance with state requirements. Failing to comply with the timelines set by the court can result in legal penalties.

Common Probate Challenges in Mesa

In Maricopa County, there were 10,166 total probate filings in 2022. Several factors can complicate the probate process. Will disputes often arise when heirs believe the deceased was influenced or lacked mental capacity. In other cases, claims may be made against the estate by unknown creditors. Disputes over asset distribution also frequently delay probate.

Arizona law requires that interested parties be given notice of the proceedings and be allowed to object. If someone files a formal objection, it may result in litigation that increases costs and extends the probate timeline.

FAQs

What Are Arizona’s Community Property Laws?

Property acquired during marriage is typically shared equally between spouses. Upon death, a surviving spouse may automatically inherit their partner’s share, simplifying the probate process. Complexities can arise in blended families or when children from previous relationships are involved. Without a will, Arizona’s intestate succession laws may apply, possibly leading to unintended distributions.

How Much Do Probate Lawyers Charge per Hour?

The costs of hiring a probate attorney can vary based on the complexity of the estate, how involved your attorney is during the process, and any filing fees charged by the court. Most attorneys charge per hour for probate matters. Here at CDM Law Firm, we offer free consultations to transparently outline final pricing expectations.

What Is the Difference Between an Estate Attorney and a Probate Lawyer?

Estate lawyers help clients plan how their assets should be distributed after death through documents like wills, trusts, and powers of attorney. Probate lawyers step in after a person passes away, guiding families through court procedures to validate the will, pay debts, and distribute assets. CDM Law Firm handles both estate planning and probate matters.

Do You Need a Lawyer for Probate in Arizona?

While Arizona law does not require a lawyer for probate, legal representation is recommended for estates that involve high-value property, disputes, or unclear documentation. A lawyer can assist with the entire process, providing advice on filing deadlines to avoid any delays. CDM Law Firm represents families in Mesa and nearby communities, making sure each required step is handled according to Arizona law.

Contact a Law Firm You Can Trust

Working with one of our attorneys at CDM Law Firm provides Mesa families with the information and legal documents they need to move through the probate process. For individuals who want to plan ahead or for families managing the estate of a loved one, our firm is ready to assist with compliance, filings, and dispute resolution in Mesa and throughout Maricopa County. Contact us today to schedule a free consultation to discuss the unique details of your case.