Probate Law in Chandler, AZ

Are you dealing with losing a loved one in Chandler?

If so, you may be facing the probate process. This period can be confusing, but understanding the basics of probate can help soothe the stress.

The probate process can take months or even years to complete. Moreover, you may not be able to avoid mistakes if you do not have an experienced attorney.

Don’t go through the probate process alone. We can help you understand what needs to happen and help you schedule a consultation today.

What Is a Probate Law?

Probate is a legal procedure that establishes the legitimacy and management of a will. When someone passes away, the court will select an executor to manage those assets. Unless, of course, the decedent appointed one in their testament.

The chosen executor handles collecting the assets, settling debts, and distribution to beneficiaries. However, the executor must follow the probate laws in Chandler, Arizona.

How Does Chandler, Arizona Probate Law and the Probate Process Work?

Locating the Will

The initial stage involves ascertaining whether a will exists. Typically, the deceased person provides explicit instructions on its location. However, there are occasions when individuals must search for it. Furthermore, there are times when no one can locate the final testament. This situation makes the job of a Chandler court-appointed executor much more difficult.

It’s also possible that the deceased individual established a living trust instead. This document places all assets into an account that transfers to a designated trustee after death.

Living trusts do not require any probate or court involvement. This fact is a substantial motivator. Many people choose this option for convenience and to avoid lengthy legal battles in Chandler, AZ.

The Probate Court of Maricopa County handles probate cases from Chandler and surrounding areas. It is in downtown Phoenix, and you may need to make several trips there during this process.

Notifying the Court

The subsequent stage involves informing the court to initiate the estate process. This job can belong to the court clerk under Chandler, Arizona probate law. Otherwise, the designated executor takes care of the relevant tasks.

Upon receiving the notification, a scheduled hearing formally appoints the executor. This action provides them with the legal authority to manage the last will.

If there is no will or named executor, the court selects one according to state laws, which may vary. Generally, the surviving spouse has priority, followed by adult children, parents, or siblings.

Consolidating Assets

The executor is responsible for locating the remaining assets of the deceased. They must examine any pertinent banking or financial documents and other personal papers. Examples of documents to gather include insurance records, stock portfolios, and tax returns.

To freeze and close accounts, the executor must inform any financial institutions of the decedent’s passing in Chandler. If there are any physical valuables on the deceased person’s property, it is not unusual for the executor to gather them to prevent theft or harm.

The executor subsequently assesses the value of each asset in the estate. This task can be time-consuming, depending on the ease of locating titles, bonds, and other items.

Notifying Creditors

Typically, the executor informs creditors of the individual’s death so they may file a claim. Creditors have a designated period during which they can file a claim. However, this period varies according to state law.

Creditors must receive notice within four months of the appointment of a personal representative. The notification must be in a local newspaper and sent to any known creditors.

Squaring Away Final Payments

The executor is responsible for settling funeral costs (unless the family pays them) and any debts or taxes. The executor examines which creditor claims are valid and then pays them. These outstanding obligations must settle before distributing the remaining assets.

Proceeding With the Court

The executor of the decedent’s estate must first value all assets and pay debts. Then, they submit a report of all spending to the Chandler, Arizona courts. A judge reviews this document and clears the executor to proceed with the final step.

Executing the Last Will and Testament

With the previous tasks completed, the executor can disperse assets to beneficiaries as the decedent wanted. However, the process could draw out, especially if there are conflicts. A probate lawyer in Chandler can help avoid costly mistakes and provide guidance during these tough times.

The person making the will in Chandler must be 18 years old and of sound mind. It must be in writing and meet each piece of the state’s legal requirements.

The testator or someone else in the testator’s name must sign the document in the presence of two witnesses. Additionally, those individuals must sign the will. The witnesses must confirm they saw the testator sign and were not under duress or undue influence.

The executor follows Arizona state laws to assign beneficiaries if there is no will. The surviving spouse gets the remaining assets first, then the decedent’s children, then any surviving siblings. The executor distributes assets to the remaining family members based on their relation.

Is Probate Law Necessary?

You have options other than probate in Arizona that depend on the decedent’s situation. A living trust can bypass probate, or a lack of assets can simplify the process.

An estate in Chandler worth less than $75,000 is not subject to these procedures. It could qualify for the small estate affidavit procedure rather than probate. The total value needs to remain under this threshold after assessing these types of assets:

• Real estate
• Bank accounts
• Investments
• Vehicles

What are the Differences Between a Living Trust and a Will?

Living trusts serve as an alternative to probate, distinguishing them from wills. Additionally, their existence depends on the assets it contains. If the trust does not have value, it becomes ineffective after death. Conversely, a will does not require funding. It only determines the distribution of assets upon the individual’s passing.

Consulting with a probate lawyer in Chandler is crucial. You must make several vital decisions about the distribution of your assets after your death.

Work With an Experienced Local Probate Law Attorney in Chandler, Arizona

Probate attorneys can evaluate your assets and guide you in making crucial decisions. If you need a probate attorney in Chandler, we can connect you with one near you.

We have a large network of highly-qualified lawyers and can find legal counsel across Arizona lines.

Contact us online or call (866) 345-6784 today.