Gilbert Probate Lawyer

Gilbert Probate Attorney

Probate law is a specific legal process to distribute someone’s assets after they pass away to honor the individual’s will. The process will validate the will involved, appoint an executor, collect an inventory of the deceased’s property, pay taxes, and distribute all remaining assets to the designated beneficiaries. With so much to do, it’s important to hire a Gilbert probate lawyer to ensure all of these processes are handled compliantly and efficiently.

At CDM Law Firm, we understand how personal and emotionally taxing dealing with probate law can be. We use our knowledge and experience to guide our clients through every step of the probate process to ensure all legal requirements are satisfied and the wishes of the deceased are honored. Regardless of how simple or complicated an estate is, we can provide the support and experience you need to navigate Arizona’s probate process with confidence.

The Probate Process in Gilbert, Arizona

Probate in Gilbert, Arizona, follows a number of different steps to help ensure that a loved one’s estate is managed and distributed to their family as they intended. These steps include:

• Filing a petition. The probate process in Arizona starts with filing a formal petition with the probate court. If a will or trust exists, the petition asks the court to agree if these documents are legally sound and should be followed. When a will was not created before the individual passed away, the petition will request an executor to represent the estate, such as a spouse or child.
• Notice to heirs and creditors. After the petition is filed and an executor is appointed, all relevant stakeholders must be notified that the process is in motion. This includes all heirs and beneficiaries who have been named in the will. This not only allows the heirs and beneficiaries to contest if they believe the will is not valid but also alerts creditors that need to submit any claims they have against the estate.
• Inventory and appraisal. Next, the executor will start identifying, gathering, and valuing every single asset that makes up the estate. This is a really important step because it helps to determine what property is available to pay off debts and satisfy tax requirements.Anything remaining after this will be distributed to the heirs and beneficiaries. Once these items are identified, the executor needs to submit a detailed list to the court. A professional appraiser can be hired to help with this step.
• Distribution of assets. After all the deceased individual’s debts and taxes have been paid off, the executor will distribute the remaining assets to the beneficiaries and heirs. If there is no will to offer any guidance, Arizona’s intestacy laws will then dictate how these assets are divided. In most cases, this will be between the closest surviving relatives. Probate oversees this distribution process to ensure everything is carried out fairly and in accordance with Arizona law.
• Closing the estate. Once all assets have been distributed, the executor is required to close the estate, which is a process completed by filing a report to the probate court that details all financial transactions that happened during the process. This includes all payments made to satisfy debts, taxes, or checks that have been issued to the remaining heirs and beneficiaries.

After the court reviews this information, they will issue a final order to close the estate. This officially completes the executor’s duties.

Navigating this process can be overwhelming but significantly simplified when bringing in a Gilbert probate attorney. They will guide you through each step of the process to ensure all of Arizona’s legal requirements are satisfied while also tackling disputes that could try and jeopardize the case.

FAQs

Who Pays for a Probate Lawyer in Arizona?

The cost of a probate lawyer’s legal services is often paid out of the estate of the deceased. After this is satisfied, the remaining funds are distributed amongst the estate’s beneficiaries. Before this happens, the court may ask to review and approve the attorneys’ fees to ensure they are reasonable and in line with what the specific case needs. If the estate cannot cover all of the funds, assets might need to be sold to help.

Do I Need a Lawyer for Probate in Arizona?

While there is no legal requirement to hire a lawyer for probate, it is highly advised. The probate process could be complicated and difficult to settle. To avoid having anyone take advantage of you or the estate, a probate lawyer can supervise the entire process. They will also help file all required paperwork to ensure no legal oversights or missed deadlines will jeopardize the outcomes of the case.

What Is a Probate Lawyer in Arizona?

Probate lawyers in Arizona guide their clients throughout the probate process to ensure a loved one’s estate is distributed to their exact wishes after they pass away. These attorneys take on the bulk of the legal responsibilities, like validating wills, filing documents, and ensuring all debts and taxes are paid off. Having this legal assistance helps to minimize the number of disputes that can arise, which can prevent unnecessary delays or mistakes from being made.

Who Does a Probate Attorney Represent in Arizona?

In most cases, a probate attorney represents either the executor or personal representative of the estate, who has the responsibility of ensuring everything is managed and settled according to the deceased’s wishes and state laws. A beneficiary, however, could also hire a probate attorney if they need legal advice regarding their own rights and interests in this process. No matter what your needs are in the probate process, an attorney can help you navigate the complicated process.

Contact Our Gilbert Probate Lawyers Today

While probate can be complicated and emotionally straining, the process can be simplified with the right support. At CDM Law Firm, we are committed to providing compassionate yet effective guidance through each step of the probate and trust administration process to ensure your loved one’s wishes are carried out exactly as they intended. Contact us today with your lingering questions to learn more.