San Tan Valley Probate Lawyer

Home /  San Tan Valley Probate Lawyer

San Tan Valley Probate Attorney

It’s never easy to lose someone you care for, with plenty of emotional and personal concerns to tend to outside of dealing with their estate. After losing a loved one, the last thing you may want to do is engage in a confusing, lengthy legal procedure on your own. A San Tan Valley probate lawyer from CDM Law Firm can help you through this difficult period, handling the legal minutiae so you can focus on other important matters.

San Tan Valley Probate Lawyer

About Us

Our team at CDM Law Firm has spent decades assisting the people of San Tan Valley, Queen Creek, and throughout Central and Southern Arizona with their probate cases. Founder C. David Martinez has over 25 years of experience and primarily focuses on estate-related legal matters. He is dedicated to helping the local community and has received an A+ rating from the Better Business Bureau.

Overview of Probate in Arizona

Probate is the legal process by which the assets and property of a deceased person are managed after their passing. It is designed for descendants who have a valid will or for those without any estate planning documents. A 2025 survey found that 59% of respondents had no after-death arrangements, and 24% held a will. This means that most Arizonans will encounter the probate process at some point in their lives.

San Tan Valley probate cases are handled through the clerk’s office of the Superior Court of Pinal County, located at 971 North Jason Lopez Circle, Building A, Florence, AZ 85132.

How Does Probate Work in Arizona?

In Arizona, probate follows a set order of events. The process begins by filing a probate petition with the court, either for informal or formal probate.

Informal vs Formal Probate

Informal probate is an option if the application is made by a surviving spouse of the decedent, an adult child or heir, or the personal representative named in a valid will. This is a common option for uncontested and smaller estates.

Formal probate is a process with more court oversight. It may be necessary if the will is contested, whether the estate is complex or large, or if there are disputes amongst heirs and other interested parties.

Both applications must be filed within two years of the date of death. Information required in the petition includes the applicant’s information, the decedent’s details, and all beneficiaries or named parties in the will.

Appointment of Personal Representative

After a petition is submitted, the court appoints the personal representative. Typically, the executor named in the will is the one who petitions the court. If there is no will or the chosen is deemed unsuitable, the courts use a set hierarchy to decide.

The personal representative is in charge of managing the estate’s assets and executing the decedent’s wishes. Some of the fiduciary duties they are responsible for include:

  • Taking control of all the deceased’s assets.
  • Notifying heirs, beneficiaries, creditors, and all interested parties.
  • Taking a full inventory and appraisal of all estate property.
  • Paying debts, taxes, and court expenses.
  • Distributing the remaining assets to all beneficiaries and heirs.
  • Filing an account of how assets were handled and closing the estate with the court.

Hire a Probate Lawyer

Each step of the probate process can have easy mistakes and frustrating complications that are hard to manage on your own. Hire a probate lawyer to assist you through this uniquely tough time. Experienced legal counsel can draft your initial petition, aid in inventory and appraisal, and pay all necessary taxes.

Various interested parties can contest the probate process at each stage. Whether you have concerns over the executor’s ability or you have been falsely accused of misconduct, a San Tan Valley probate attorney can defend you both in and out of court.

FAQs

How Much Does a Probate Lawyer Cost in Arizona?

How much your Arizona probate lawyer costs depends on the complexity of your case, the work hours it requires, and whether it is contested. A contested probate involving high-value assets tends to be more expensive than an uncontested case with less property to handle. At CDM Law Firm, we offer free consultations, during which we can provide a rough estimate of your final bill.

Do All Wills Go Through Probate in Arizona?

In Arizona, not all estates are required to go through the probate process. Summary administration is an option available when the decedent’s total personal property does not exceed $200,000, no one has petitioned for the appointment of a personal representative, and no federal estate tax is owed. Informal probate is a shorter process available if applied for by a surviving spouse or heir.

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

The main difference between an Arizona estate lawyer and a probate lawyer is the center of focus in their practice. An estate attorney handles trusts, wills, and all estate planning administration. Probate lawyers focus primarily on the workings of probate and the many complications that can arise. Both can often overlap significantly with their knowledge and experience.

How Long Does Probate Take in Arizona?

How long your Arizona probate case takes is based on whether there are contesting parties, the type of case, and the court’s workload. An uncontested, informal probate can be resolved relatively quickly, whereas a formal case with multiple contesting parties can take a long time. Your San Tan Valley probate attorney can assess your situation and provide a timeline for how long it may take.

Speak With a San Tan Valley Probate Lawyer Today

At CDM Law Firm, we understand how difficult it can be to lose someone you love. Our team has the legal skills, knowledge, and experience to make a positive impact on your probate case during your time of grief.

Contact us for a free consultation to learn your story and discuss your probate case concerns. You may also visit our Queen Creek office, located on East Ocotillo Road, north of Las Colinas Golf Club and south of Nauvoo Station.

San Tan Valley Practice Areas

Testimonials