Are you looking for a probate attorney in Arizona?
Sometimes we may not need a probate attorney. In fact, sometimes although probate may be daunting or sound intimidating an attorney may not even be needed, but it typically depends on whether or not the deceased person planned in advance specific to their assets and how they would dispersed.
You see, there are exemptions to what may or may not land in probate, such as if the deceased person named someone as their beneficiary or if they had a Living Trust. Some of these examples where someone can be named as a beneficiary may be from retirement accounts or insurance policy payments.
Our law firm offers FREE consultations to help you understand the probate process and what needs to happen next. If you are looking for lawyers for estate issues, we can help you there too!
What does a probate attorney do?
As the executor of your loved ones will, you have the right to ensure that everything goes smoothly. Sometimes you may also need an attorney if someone contests the will or if there is a major problem with the estate. Actually there may be many reasons why you would need an attorney, however as an executor, you do not necessarily pay the probate attorneys fees from your very own pocket. Typically, you would use the estates assets and funds to pay him/her prior to any inheritors get anything.
How do I ensure my loved ones do not have to go through probate?
It really depends on the type and amount of your assets. You may want to consider a will and more importantly and especially if you have assets over $75,000.00, you may also want to consider a Living Trust instead. Whether or not you need probate attorney or should plan for probate does in the end depend on the deceased person and how much planning they did prior to their death.
Let’s take a look at a few examples where assets may not land in probate and a probate attorney may not be necessary:
- If the deceased had joint tenancy
- What is joint tenancy? Joint tenancy is when two or more parties hold an estate or property together. Upon either of the joint tenants death the estate or property is passed to the survivor.
- If the deceased had community property with right of survivorship
- In community property states with “community property with right of survivorship” you and your spouse (or registered domestic partner) may be able to avoid the probate process. If this is a viable option for you, it may be more beneficial for you than joint tenancy. States that have community property with right of survivorship are Alaska, Arizona, California, Idaho, Nevada and Wisconsin.
- If the deceased tenancy by the entirety
- Similar to the above definitions, the tenancy by the entirety is like community property is the idea that the property or estate belongs to both spouses. Unlike the “joint tenancy” the tenancy by the entirety can only be created by a married couple. The primary difference between the three definitions we’ve given you here today is that the tenant cannot give away their interest in the property or estate without the consent of the other tenant.
Although we’ve given you a few examples of how to avoid probate, this does not necessarily that any of this was formulated prior to their death. Each and every instance may be different which is why we always recommend speaking to a qualified attorney to determine what is the best scenero for your specific situation. Some clients may need a will, while others may need a much more in-depth trust account set up for their family. Our law firm offers consultations, so do not hesitate, give us a call at (602) 262-4357 or schedule a consultation online today!
What do I do if I am named in a will, but it’s being contested by someone else?
If someone has contested a will than it probably happened during the informal probate. When a will is submitted for informal probate court you have 4 months to have it contested. In which case the will can be contested any time it is in informal probate and will then be pushed to a formal probate hearing. During this time, the executor is not allowed to do anything further until the contest or issue is fixed. As we are sure you’ve heard from others, a will can be wrapped up in probate for a long period of time, which is why if the will is being contested or there are issues with the will than your best bet will be to find a probate attorney who can help you figure things out.
What does “probate” mean?
Probate is actually a Latin root word “provar”, which in Latin means “to prove”.
If you are not really informed about what probate court is, the types of probate court, a longer definition of probate court than head on over to our blog rightfully called: “What is probate court in Arizona? How can I avoid it?”
Whether or not you need a probate attorney, if you need us, we’re here to help.