Probate Services in Tempe, AZ

The Estate Planning Attorneys at the Butler Law Office provide expert legal advice and representation for Small Estate Probate, Informal Probate, and Formal Probate procedures. When a loved one passes away, each of his or her assets must be transferred to a new owner. An asset that carries a title—like a house, a car, or bank account—requires a signature in order to transfer to a new owner. This is not just any signature, but the signature of the deceased person. As you can imagine, after death, you (or your loved one) will clearly not be signing anything.The process used by the legal system to change ownership of a titled asset after death is called “probate.” Unless you have done some Estate Planning, your estate will pass through some level of probate, even if you have a Will.

Our Tempe Arizona probate attorneys are highly experienced and skilled in probate law and can offer you the guidance and representation you need and deserve. Our Tempe Arizona probate lawyers can help with services such filing the last will or testament of a deceased individual, protecting yourself, your business, your properties, and any assets you would like to pass on it. Many times people don’t consider probate law until after the death of a loved. It is essential to have a will and estate planning in order to protect assets.

If you are in need of legal help regarding Probate Law in Arizona, including claims and disputes about assets and property, or if you are needing to start Estate Planning feel free to call us at 480-921-0626 or fill the contact form out on our contact us page.

PROBATE BASICS

What is the Probate Process?

Arizona Probate Law is the Court process that transfers assets from a deceased person to the heirs of that person. If there is a Will, the Will determines who gets the assets; otherwise, the assets of the estate will pass according to the statutory scheme established by the state, which may or may not be what is desired by the Decedent.Property that is located out-of-state typically must go through the probate process adopted by the state in which it is located.For property located in Arizona, there are three types or levels of probate: (1) Small Estate Probate; (2) Uncontested, Informal Probate; and (3) Formal Probate. Small Estate Probate can avoid Court action altogether, while Informal and Formal Probate do require some level of Court involvement.

Small Estate Probate

Small Estate Probate is available to a person whose assets in the estate are as follows: (1) Personal property (which is everything you own except real estate) valued at less than $75,000.00; and
(2) Real property equity valued at less than $100,000.00 (this includes equity in all real estate, wherever located).
The Small Estate Probate may require the filing of a “Small Estate Affidavit” with the Court and a recording with the County Recorder. The Affidavit it is just one page, and can change title from the deceased person to the rightful heir without any other documents or Court action. Occasionally, a death certificate is required. If the heirs are clearly ascertainable, this process is relatively inexpensive and can sometimes be done without an attorney.

Uncontested, Informal Probate

If the Estate’s assets exceed the levels of the Small Estate parameters (personal property valued at over $75,000 or real property valued at over $100,000), a Court action must be filed to get the assets distributed. This process is called “Informal Probate,” and is required whether the deceased person died with or without a Will. Usually a hearing is not necessary, but many documents need to be filed in a timely fashion to make the process effective. Legal Representation is recommended.

Formal Probate

Formal Probate is required whenever there are questions or challenges to the Will or as to the rightful heirs of an Estate. This is a formal trial process with hearings, witnesses, and evidence presented in front of a judge, which should not be attempted without legal representation.