Probate

Probate is the court process of retitling assets from someone who passed away to distribute to their beneficiaries. Through the probate process, a court gives the order to retitle assets that were held solely by the deceased individual. We help with all types of probate, whether your loved one had an estate plan or not.

The word probate comes from the Latin word for “to prove or test” and refers to the court legally authenticating a last will and testament.

If a last will and testament was prepared, the court will order the assets to be retitled according to the will. If there is not a will, then the Arizona Laws of Intestacy will determine the beneficiary. Arizona is a community property state, so the surviving spouse automatically inherits everything. If you die with children, but no spouse, the children inherit everything. If you die and you have a spouse, but your children are not descendants of that spouse then the assets are divided between them. In your free Family Administration Session, your attorney will determine if a probate is necessary and how to approach the distribution of the estate based on the last will and testament or intestate succession.

What is the Probate Process?

The first step in the probate process is filing papers in the local probate court, or opening the probate. When a last will and testament exists, the personal representative named in the will is responsible for:

  • Verifying they have the most recent, valid will

  • Submitting the will to the court

  • Opening the probate.

If there is no will, that is called “intestate”. In that case, the court will determine how an estate will be distributed, referring to the state laws of intestacy. This includes the court naming a personal representative to handle the matters. If the person who dies owned property outside of Arizona, probate laws from the other states control the probate of those properties outside of Arizona.

Next, the judge will issue “personal representative letters”, which are documents that give the personal representative the authority to act for the estate. These letters enable the personal representative to collect and distribute the decedent’s property to the heirs or beneficiaries after paying the debts and taxes of the decedent and all expenses related to the probate administration.

How Long Does Probate Take?

A probate proceeding in Arizona can take anywhere from six to 12 months to complete. If any problems arise, it can take longer. In the event of a large estate with many assets, it can take over a year or in some cases several years to inventory assets, settle debts, liquidate assets, and distribute the funds to the beneficiaries.

Do You Need an Attorney for Probate?

The probate process can be time-consuming and a burden at a time when families already face emotional obstacles. At Rilus Law, our experienced team can help you through the process of probate and make sure that your duties as a personal representative are fulfilled. By working with an experienced probate lawyer, you can minimize the potential for personal liability should an error be made in the process of probate. A probate attorney is especially helpful should a problem arise with the estate. All required state and estate tax forms can also be filed with us. The probate process does not always move smoothly. Our goal is to make the process as easy as possible for someone who is going through an already difficult time.

For more information on probate, read our blog post “Common Questions and Misconceptions About Probate” or give us a call today.

Do You Need Help with a Loved One’s Probate?

Probate can be stressful and time-consuming. Contact us today to schedule your free one-hour meeting with an attorney to assess your probate needs and find the peace of mind you’re looking for.

What Our Clients Say About Us

  • “Wonderful experience working with them after my Mom’s passing. They were able to answer all my questions and immediate needs.”

    Kerry K.

  • “I called them from Houston, TX with questions regarding my father-in-law’s estate there in Mesa. They took their time to go through different scenarios with me and had quick and honest answers to all of my questions regarding the law and if we had a good case. Should I, or anyone I know in Arizona, need a great probate or estate planning attorney, I recommend Rilus Law. 5 stars for sure!”

    Jennifer T.

  • “My parents worked with Rilus Law to set up a will and trust in 2019. The entire process was smooth and professional. Little did we know that we would have to invoke the will after my father's passing in a few short years after the setup. Rilus assisted and educated us during the process. I recommend Rilus and the rest of the team for your legal needs.”

    Supreet N.

  • “I worked with Rilus Law for some legal advice on the administration of my father's estate. From the moment I reached out to them they were very helpful, compassionate, and responsive. I felt as though I was in very capable hands during a time when I needed it the most. I would highly recommend Rilus Law for any estate planning or estate administration.”

    Megan E.

  • “I visited Rilus Law today. Rilus introduced himself and listened to my story. The purpose of my consultation was regarding an Informal Probate I had filed with the court. Rilus provided excellent insight and guidance. I highly recommend meeting with Rilus if you find yourself in a position where you will manage a loved one's estate.”

    Peter Z.

  • “I worked primarily with Lori Bradford, paralegal. She was very easy to work with, knows all that is needed for settling an estate. She is personable and competent. Everyone at this office is friendly and accommodating.”

    Mary C.