Probate Lawyers in Phoenix Helping You Settle Your Affairs With Ease
Dealing with the death of a loved one can be difficult on an emotional level. On top of that, death often comes with logistical problems such as funeral arrangements and the division of assets. Depending on whether your loved one established an efficient estate plan prior to their death, it may take some time before anyone in your family gets to obtain the assets your loved one left behind.
You may have to go through probate court and deal with all sorts of legal mumbo jumbo. Having an experienced Phoenix probate attorney by your side every step of the way can allow you to focus more on the important things – family and healing – and less time on the x’s and o’s of probate and trust administration.
If you have lost someone near and dear to you, seek out the counsel of a probate lawyer serving Phoenix that will treat you with respect and compassion as you work through a dark patch in your life.
What is a Probate?
Probate is the process that occurs after the death of a loved one that sorts out and oversees the distribution of the deceased person’s assets. For instance, if your loved one recently passed away, you must go through probate in order to officially transfer all their assets to the appropriate parties. Probate will divide assets according to a valid will unless there isn’t one available.
In that case, assets would be dispersed and separated by however the state regulations dictate. Probate can be a complicated process depending on the size of the estate being handled and the number of beneficiaries possibly involved.
A Phoenix probate lawyer can help you with all the administrative work involved in the process to give you the peace of mind that everything your beloved left behind will be in good hands.
Why is Probate Necessary?
Probate can be a necessary hindrance following the death of a loved one. Probate allows the assets of the recently departed to properly – and legally – distributed to beneficiaries. In most cases, probate is required when the deceased person did not leave a will. Probate may also be necessary in cases where there is an error in the will such as no notarization.
In cases where there are no beneficiaries, probate is required to determine who ends up with the deceased person’s estate. It may seem like a tedious process but with a proper probate lawyer handling all the grunt work, you can relax a little bit and grieve properly following your loss.
What Does a Trust Administration Lawyer Do?
Trust administration essentially means handling the moving parts of a trust, especially after the grantor has become disabled or died. A trustee handles the administrative parts of a trust. However, not every trustee is well equipped to handle the multiple facets of a trust. That is where a trust administration lawyer comes in.
Whether you were just appointed as a trustee or if you are an established trustee going through the motions of getting an estate in order, a trust administration lawyer can help you solve any issues, mediate any conflicts, or answer any question regarding your trust.
Formal Vs Informal Vs Supervised Probate
Informal, formal, and supervised probate are distinct processes within the realm of estate administration, each tailored to suit different circumstances and levels of oversight. Informal probate, often considered the simplest route, involves minimal court intervention and is typically used when the estate is straightforward and uncontested.
Here, the appointed executor submits the necessary documents to the probate court, which verifies their authenticity and grants authority to distribute assets according to the deceased’s will or Arizona probate law. Informal probate offers a quicker and less expensive alternative, ideal for estates with clear assets and beneficiaries.
On the other hand, formal probate process is employed when the estate is more complex or contested, requiring closer scrutiny by the court. This process involves a series of hearings where the court validates the will, appoints an executor if necessary, and resolves any disputes or challenges from heirs or creditors.
Formal probate offers a structured framework for addressing conflicts and ensuring fair distribution of assets but may involve more time and legal expenses compared to the informal route.
Finally, supervised probate, also known as court-supervised probate, is similar to formal probate but entails even closer oversight by the court throughout the entire process. This level of supervision may be mandated by the court if there are concerns about the executor’s competence or if there are significant disputes among beneficiaries.
While supervised probate offers an added layer of protection and accountability, it can also prolong the probate proceedings and increase administrative costs.
How Can a Probate and Trust Administration Lawyer Make My Life Easier?
Paperwork, hearings, and legal jargon might not be your thing. Not many people like to deal with probate. However, probate is necessary for many situations and it can be beneficial in ensuring you get what your loved one left behind.
The probate and trust administration attorneys at will take care of the tricky situations that may arise during your probate and provide you with warmth and sympathy as you continue moving forward without your loved one.
Israel & Gerity, PLLC has years of experience in handling probate and trust administration. Whether a dispute arises, or paperwork needs to be filed prior to any deadlines, our Phoenix probate attorneys will work to simplify your life and allow you the flexibility you need during these difficult times. Call Israel & Gerity, PLLC today to set up a free consultation at 602-274-4400.