Telephone 520 792-2450 PO Box 31928, Tucson, Arizona 85751 John@JStandifer.com
John J. Standifer Jr. Attorney at Law, Retired
Common sense, results-driven legal counsel
Looking for information about the Probate Estate Process in Arizona?
Contact John Standifer today to discuss any legal issues for which you may need counsel.
We want to help.
Telephone 520 792-2450 John@JStandifer.com
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John Standifer, Estate Lawyer Arizona, is prepared to serve as your estate attorney, trust attorney or Tucson probate attorney.
Contact our office for help with probate administration of estate, will and probate, filing probate documents and other Arizona probate help. A qualified Tucson probate attorney can help make the process much smoother.
When you need a lawyer for probate Arizona or lawyer for probate in Tucson, call on a Tucson probate attorney at the law offices of John Standifer.
The probate or estate administration process takes place after a person’s death. This process of estate administration Arizona involves gathering the deceased person’s assets, paying the debts and distributing whatever is left.
The type of estate administration process available to administer an estate in Arizona depends in large part on what steps the decedent took prior to their death.
In Arizona, estate administration can take place in a number of ways Throughout the process, an Arizona lawyer for probate or Tucson probate lawyer can help
The Arizona probate process involves the filing of probate documents with the Superior Court and following the statutory process for estate administration.
If there is a will, the will is admitted to probate (recognized by the Court as the last valid will) and a personal representative (executor) is appointed.
If there is no will, the Superior Court appoints a personal representative whose job it is to administer the estate.
In past years and in other states this process rightfully acquired a nightmarish reputation. In modern day Arizona this probate process is usually a rational, fairly inexpensive and fairly quick method of estate administration.
For my own estate, I have designed my estate plan with the intent that my successors go through the Arizona probate process.
As a subset of the probate estate process, Arizona provides for administration of small estates by use of affidavits for the collection of personal property and for affidavits for the succession to real property.
If the decedent has placed their assets in trust, then the estate administration process normally takes place without the filing of documents with the Superior Court and without court supervision. This trust administration process is generally more expensive and inconvenient during the person’s lifetime but it is generally less expensive and faster than the probate process after the client has died.
A Trust Attorney can help.
I frequently draft trusts for a variety of purposes. Among those purposes are: estate tax planning, the administration of a person’s affairs as they age, succession planning for businesses, Medicaid planning and in some cases, especially if there are out of state assets, to avoid the probate process.
If the use of a trust fits the client’s needs, I use a trust but I also do not believe that most people need living trusts.
If beneficiary designations fit the client’s situation, they can be the easiest and least expensive way to plan for an estate administration. In Arizona, real property can be left to beneficiaries by use of beneficiary deeds. Life insurance, bank accounts and securities accounts can also be disposed of by beneficiary designation.
Which of these methods fits an estate depends on each individual situation. Many trust administration Tucson makes use of more than one of these methods. Among the issues that can cause an administration to take longer and be more expensive are: disputes among beneficiaries, income or estate tax issues or assets that are difficult to value or to administer.
If a person dies with no will Arizona, or without a will, then the estate passes by the rules of intestacy.
Many people are under the mistaken impression that with no will in Arizona, a person’s estate will pass to the state or that in the absence of a will, the estate administration will be substantially more difficult. Neither of these things is generally true.
If there is no will Arizona law determines who will benefit from the estate. If there is a surviving spouse, lineal descendants, parents, grandparents or lineal descendants of any parents or grandparents, the estate will not pass to the state.
The real danger of having no will is that the estate may not pass as the decedent would have wished. Particularly in the case where a decedent is married but has children from outside that marriage, a will is important.
Tucson probate lawyer can help you with probate of an Arizona estate.
Call John Standifer when you need a lawyer for probate in Arizona.
Get more information about how to probate estates, the probate of an estate, or the probate estate process by calling the law office of John Standifer. An experienced Arizona estate probate attorney, John will answer your questions about the probate of estate and Arizona estate probate law.