Probate Filing

In Arizona, a Probate is necessary if an individual passed away with assets totaling $75,000 or greater (personal property) or $100,000 or greater (real property) that do not have any beneficiary designations.  Probate is a lengthy and public process that requires timely filings, notices to interested parties, reports to the Court. There are also instances in which you will be required to appear in front of the Probate Court.  For instance, if you only have a copy of the Will, the Probate Court will mandate a hearing.  

Beneficiary Deed

An individual may be entitled to real property via a Beneficiary Deed after the passing of the Grantor(s).  Action must be taken in order to get the property in the name of the entitled Beneficiary.  

Intestate Estates

If your loved one passed away without a Will, you can still file for Probate and be granted access to the estate's assets.  The estate will be distributed to the heirs under Arizona Law, absent any estate plan or beneficiary designations.  It is important to take action and identify the heirs of the estate in order to avoid the state collecting all the property.     

Trust Administration

It is important to revisit a Trust after the Grantor(s) dies to ensure that any necessary actions are conducted in a timely fashion.  Sometimes there are provisions that change or become irrevocable upon a Grantor's passing.  Additionally, there may be special distributions or sub-trusts that must be conducted under the terms of the Trust. 

Small Estate Affidavit

In Arizona, a deceased's Estate can be collected using a Small Estate Affidavit if the total value of the personal property is less than $75,000 and the total value of real property is less than $100,000.  This is a quicker, more efficient way to collect smaller estates.  You must tally the total value of personal and/or real property in order to determine whether a Small Estate Affidavit is appropriate.

Family Issues

A death in the family is a difficult time.  People express grief in many different ways.  Unfortunately, there are disagreements and tension within families when a loved one, particularly a parent, passes away.  Oftentimes, employing a law firm breaks all tension and helps heal the added stress of administering an estate.  An heir/beneficiary will typically create far less commotion when a law firm is handling the estate.  

Probate Documents

All necessary probate documents, including but not limited to: 

• Application for Appointment of Personal Representative
• Notice of Probate
• Notice to Creditors
• Proof of Notice
• Probate Cover Sheet
• Probate Information Form
• Statement of Appointment
• Closing Statement

Affidavit of Successor Trustee

Document used for the record-keeping of the Trust.  This document denotes the reason for the affidavit (death of Grantor) and the newly-appointed Trustee's assumption to duties.  This document is often kept "internally" and only utilized for record-keeping for the Trust.  

Small Estate Affidavit

Document where an individual attests that:

• They are entitled to the property they are attempting to collect
• The total value of the estate is less than $75,000 for personal property or $100,000 for real property. 

Deeds

Legal title of properly held by a deceased individual or Trust must be properly conveyed to the intended recipients.  Whether through the probate process (Deed of Distribution) or through a Trust distribution, preparing the appropriate deed based on your circumstances prevents future disputes and protects the inherited property of the heirs/beneficiaries.  

Trust Certificate of Power & Authority

Updated Certificate of Trust Power & Authority to reflect the passing of a Grantor.  Depending on the health and condition of the surviving Grantor, a Co-Trustee may be added if necessary.  This document reflects all individuals now authorized to act on behalf of the Trust in light of the Grantor's passing, and is frequently asked for by financial institutions holding Trust assets. 

Communication with Other Interested Parties

Written or verbal communication with the individual(s) involved in the administration of the estate.  This could be reaching out to the Personal Representative to obtain information you are lacking, or reaching out to a beneficiary who needs to act in order to collect assets.