Probate is a legal process in which the court appoints a personal representative of the estate of a person who has died and if there is a Last Will and Testament, probate finds the Will is valid and admits it into probate. That personal representative is responsible for:
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Probate is not always necessary when a person dies. If someone dies with no assets or if all assets automatically transfer ownership at death, so that no assets remain titled in the name of the deceased, a probate may not be necessary. The only remaining reason for a probate would be to give notice to the deceased’s creditors.
AZ Statewide Paralegal offers professional legal document preparation services, including document preparation and service for wills, trusts, and probate. We can help you prepare documents so that your loved ones can avoid the probate process and we can help you with the documents involved in probate. Contact our office in Tucson, Phoenix, or Mesa today so that we can walk you through the document preparation services we offer.
Before we describe the probate process, here are some relevant definitions:
Arizona Statutes require that a personal representative be appointed to administer the probate. Administration of an estate includes filing a verified statement, publishing notice to creditors and giving other notice as required, making distributions, filing receipts, paying taxes, and closing the estate according to law.
Arizona probate is a five-step process. The details of each process step may vary depending on the particular situation, but in general probate involves opening probate, providing notice, conducting an inventory, distributing property, and closing probate.
Step 1: Open Probate
If a probate is required, the “petitioner” (usually an heir, but not always) prepares and files a probate petition with the Arizona Superior Court in the county in which the decedent lived. Arizona Revised Statutes Section 14-3301.A provides that an “Informal probate or informal appointment may be made only by application of one of the following:
Step 2: Notice
The petitioner is required to file notice with interested parties, including any personal representative of the decedent, heirs, creditors, and others, depending on the situation. Arizona law has requirements for how this notice must be communicated.
Step 3: Inventory
An inventory of all the assets and debts of the estate must be prepared.
Step 4: Distribution
Four months from the first date of publication you may begin the distribution of the estate, so long as there are no creditors making a claim on it.
Step 5: Closing the Estate
Once all valid claims have been paid and the property of the estate has been distributed, it is time to close the estate.
Probate Forms
The probate process requires significant documentation. Pima County Superior Court lists the forms required in an ordinary probate as [sc.pima.gov]:
When you choose AZ Statewide Paralegal to assist you with your probate document needs, we will support your probate process every step of the way with the right documents, filled out and filed correctly and on time. We make sure that all interested parties obtain copies of all the documents they are entitled to receive according to the Arizona Probate Code so you don’t have to worry.
Our documents are not fill-in-the-blank forms or check-the-box forms. They are personalized to your case and do not contain any extraneous information that does not apply to your particular case.
We will handle publishing a notice in the newspaper and make sure that the Court receives an affidavit as proof of publication. We also make sure all interested parties receive a Notice of Informal Appointment. Later, we prepare and file the Proposal for Distribution, mail copies to interested parties, prepare and file the Deed of Distribution and record it with the Recorder’s Office.
AZ Statewide Paralegal has decades of experience preparing documents for proceedings in Arizona. By using our service you can avoid the expense of a high priced attorney. There is no need to worry about deadlines and properly completing the forms. We know what to ask and provide this service to hundreds of clients each year. Contact our office in Tucson, Phoenix, or Mesa today so that we can walk you through the probate document preparation services we offer. Click here to schedule an appointment.
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