The Ultimate Phoenix Probate Attorney (2024)

 

Beware Of Estate Planning And Probate Attorney “Pretenders”

Any Attorney or Law Firm can take Cantor Law Group’s Estate Planning and Probate website information and have it rewritten by Artificial Intelligence (AI), and then try to pass it off as their own “knowledge base.”  However, these “Pretenders” cannot falsely list our years of experience or Board Certifications in specific legal practice areas.  In addition, many Lawyers claim that they “specialize” in a practice area, but only a “Board-Certified Specialist” is permitted by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

The Best Probate Legal Team In Arizona

What do you look for when you are determining who’s the Best Probate Legal Team in Arizona.  The first thing you look to is experience.  Elizabeth Estes, the Managing Partner of our Estate Planning and Probate Practice at Cantor Law Group, began her career as an Estate Planning Lawyer for a small firm in Phoenix, Arizona.  She then joined a prestigious five-State “Top 200” sized US law firm in Phoenix as a Partner at Fennimore.  She then went on to open her own practice, which specialized in Estate Planning and Probate.  After 25 years as a Lawyer in Arizona, she then joined us as the Managing Partner of the Estate Planning and Probate Practice at Cantor Law Group.

Once you have ascertained the qualifications of an Estate Planning and Probate Law Firm’s leader, you next look to the Firm’s other Attorneys’ skill sets.  Cantor Law Group was founded over 23 years ago, and is an AV rated Law Firm (the highest rating from Martindale-Hubbell).  The Firm is also listed in the Bar Register of Preeminent Lawyers.  Our boutique Law Firm includes 3 Board-Certified Legal Specialists, per the Arizona Board of Legal Specialization.  Cantor Law Group is regarded as one of the finest Law Firms in the Southwest.

Questions To Ask When Interviewing a Probate Attorney

How many probate administrations has the attorney handled?

• Cantor Law Group’s Managing Partner in the Estate Planning and Probate practice is Elizabeth Estes.  She has handled hundreds of Probates during her 25 year law career, and her experience ranges from simple Small Estate Probate Litigation, all the way to Supervised and Contested Probates involving Litigation.

Does the Firm use non-Lawyer or Legal Paraprofessionals to direct their Probate actions?

• Cantor Law Group never uses a non-lawyer or legal paraprofessional to direct the Probate Process.  We only use lawyers from our Probate practice area to direct the drafting of all documents to be utilized during one of the five Probate Processes.  Many times we discovered flaws in the Last Will and Testament (LWT) which were drafted by non-attorneys or legal paraprofessionals.  This is why it is important to have an actual licensed Attorney review all documents and direct the drafting of all pleadings which may need Probate action.

Has the Attorney specifically handled Probate Administration which involves Trusts?

• Many times serving as a Personal Representative or Executor will involve handling Probate Administration.  If you are chosen as a Successor Trustee, Cantor Law Group’s Managing Attorney, Elizabeth Estes, can help you in the performance of your duties.  Elizabeth is well-versed with the rules involving the Trust Powers Provisions; Certificates of Trust; and all rules and regulations which are listed in the Arizona Uniform Trust Code.  This is especially important if the original documents include a “A-B” Trust, which would require maximizing the husband/wife Estate Tax “Coupon” Credit.

At Cantor Law Group we will help you immediately perform the four steps of Trust Administration, which include:  Establishing all Assets’ value; Notifying Creditor’s Properly; assisting with filing all Property Tax Documents; and helping you to properly Distribute the Assets from the Trust to the proper Beneficiaries designated within the Trust.

Does The Law Firm Use Wealth Counsel Estate Planning Software In Conjunction With Clio Legal Software?

• Wealth Counsel Software is universally acknowledged to be the most cutting edge Estate Planning and Probate software currently available. Clio Software is also regarded as the best case management software available on the market.  By using Clio’s Client Portal, our Clients can document all documents into that portal at home or with the assistance of Cantor Law Group staff.  This information is seamlessly integrated from Clio into the Wealth Counsel’s high-level Probate documents.  Not only does Cantor Law Group utilized the best software on the market, but we also utilize the best Attorneys, who are the highest-rated Martindale-Hubbell, Super Lawyers, AVVO, and a litany of other top-notch attorney rating organizations.

Probate Defined

Probate almost always occurs in situations both with or without a Will being in place before somebody passes.  A Last Will and Testament (LWT) will specifically designate an Executor or Personal Representative who will be authorized to transfer the Decedent’s assets to pay Creditors first, then to “Beneficiaries,” specified in the document.  If there is no LWT in place, then that person will have been deemed to have died Intestate (i.e., no Will).  If a person is found to be Intestate, then a “Administrator” is chosen, and Beneficiaries inherit assets based on a hierarchy known as “Intestate Succession” per Arizona statute.  If there are no relatives who step forward to act as the Administrator, then a Creditor can open Probate and be appointed as the Administrator.

Probate disputes, as well as all Probate cases, will require the help of a Law Office with both Highly Skilled Estate Administration Lawyers, and Experienced Probate Lawyers, to help you navigate the legal process if a Revocable Living Trust is included in a Decendent’s Arizona Estate Planning documents. If this is your situation, then call the Phoenix Attorneys and Estate Lawyers at Cantor Law Group to help you with your Probate needs today!

A proper Last Will and Testament (LWT) will contain the following four (4) instructions:

1. It will designate a specific Executor or Personal Representative to pay all Creditors and Final Expenses, file a Final Tax Return, and Distribute all Assets properly.
2. It will contain a Personal Property Disposition List (PPDL) and will direct who gets certain personal effects such as family heirlooms; certain pieces of jewelry or watches; artwork; antique furniture; and things of that nature.
3. The proper LWT will also designate an Alternate Guardian to Minor Children (just in case the Primary Guardian becomes incapacitated, dies, or chooses not to take on those duties).
4. Lastly, if the LWT is really well done, it will waive any type of Bond Requirement to the Executor or Personal Representative.  The reason for this waiver is that the subject of the Will implicitly trusts the person who they have designated as Executor or Personal Representative.

Five Types of Probate

Small Estate Probate Process

A simplified probate process exists for Small Estates if the Decedent owned Real Property that was worth less than $100,000 (either land or a house), and Personal Property does not total more than $75,000, and there are not Unpaid Wages that exceed $5,000.  In order to accomplish this, multiple Small Estate Affidavits will need to be filed based on property type.  For example, an MVD Affidavit for the Arizona Department of Transportation would be necessary if there are vehicles or trailers which involve ownership transfer.  It is important to have all of the proper Affidavits filed, and all the Summary Administration Procedures followed correctly, otherwise the Estate can still end up in a more detailed Probate Process.

Informal Probate Process

Informal Probate Process is the most common form utilized in Arizona.  In order for this to occur, the terms of the Last Will and Testament (LWT) must allow the Probate Court Registrar to Appoint an Executor/Personal Representative.  This person is normally listed in the LWT.

Usually, all of the heirs agree on the choice of the Executor or Personal Representative.  Also, there cannot be any challenges to the LWT’s validity, or to the Executor or Personal Representative’s performance.  The benefits of Informal Probate are that they require minimal supervision by the Court and that they are low cost.  This process still requires extensive paperwork to be completed, so best practices would be to have an Attorney assist you with the paperwork and the Process. 

Formal Probate Process

The Formal Probate Process usually occurs if the Last Will and Testament (LWT) cannot be found, or if there’s a Challenge to the LWT due to some type of irregularity.  Irregularities are usually found in older and outdated Wills.  Other Challenges can include cases in which minors are involved who are designated as “Heirs,” or if a Formal Objection to the designated Executor or Personal Representative is lodged.

The Formal Probate Process usually requires additional Hearings and supervision by the Court, and this requires more time and expense than an Informal Probate Process.  Once all issues are resolved by the Court, then the Executor or Personal Representative can finalize the Estate without supervision.

Supervised Probate Process

The Supervised Probate Process is usually required if it is specifically called for in the Last Will and Testament (LWT).  This process is also utilized if supervision is deemed necessary by the Court in order to protect the interests of a Creditor, an Heir, or another legally interested party.  Additionally, the Supervised Probate Process is used in situations where an Estate is “Insolvent.”

During the Supervised Probate Process, the Court will oversee all the steps undertaken by the Executor or Personal Representative during their tenure.  It is always wise to utilize an Attorney if your situation involves the Supervised Probate Process.

Contested Probate

Contested Probate is sometimes referred to as Estate and Probate Litigation.  This will always require the services of an Attorney.  Some of the most common reasons leading to Litigation include:  Contested Wills; Outdated Wills or Missing Papers; Multiple Wills; Divorced Spouses and Insurance Issues; claims of Incapacity and/or Undue Influence; Unlocated Assets; Executor or Personal Representative Abandonment, or claims of Misdeeds or Mistakes.

Probate Executor And Personal Representative Duties

First Things First  

When a person passes, somebody is going to need to Administer their Estate.  This includes situations where a husband passes away, and has titled everything to their spouse as “Jointly Owned.”  This designation still will require an “Administration.”  This can include paying off the last illness and burial expenses, valuing assets, distributing assets according to an Estate Plan, and filling a Final Tax Return with the appropriate authorities.  Although some of this may sound simple, the Executor or Personal Representative will need to have knowledge of establishing a new Stepped Up Cost “Basis” in the property in order to achieve more favorable tax treatment, or to preserve the Estate Tax “Coupon”, which can be accomplished through “Portability”, or by a proper allocation of the Generation-Skipping Tax Exemptions.  This is why it’s necessary to have an Attorney involved to assist you should you become an Executor or Personal Representative when Administering an Estate during Probate.

Keep in mind, an Estate Administration is never a fast process.  The minimum resolution timeframe is six months, which is often increased or is a much longer timeline if Final Tax Returns need to be filed.  By using an Attorney at Cantor Law Group, you can help reduce or avoid Estate Tax, Inheritance Tax, Capital Gains Tax, Generation-Skipping Tax, Excise Tax, and/or Income Tax.

If you are in the Phoenix area and are seeking legal advice regarding the Arizona Probate Process as it relates to an Estate Administration matter, then call an Experienced Phoenix Probate Attorney at Cantor Law Group, and speak with us about our legal services today!

The following is a list of Do’s and Don’ts to undertake as an Executor or Personal Representative:

DO’s:

• First, order a copy of 10-15 death certificates from the Funeral Director and secure all Estate Assets by either removing important documents and valuables and placing them in a secured environment (especially if the Decedent lived alone).
• Also make sure to have all mail forwarded to yourself, so bills are not missed.
• Next, compile a complete and accurate list of all Beneficiaries and children, which includes both social security numbers and addresses/contact information.
• Find the most current original Last Will and Testament (LWT). Copies slow the process down. 
• Find all Life Insurance policies, Annuities, and other Insurance-related products.
• Find the Decedent’s Marriage License (if applicable), and Birth Certificate of both the Decedent and any living children.
• Find all Bank Statements and Real Estate Property Deeds.
• If the Decedent was a United States Military Veteran, find all applicable documents.
• Find Tax Returns for the last three (3) to five (5) filing years.
• Prepare a complete Inventory of all Estate Assets, and obtain Appraisals – specifically of Real Estate, cars, mobile homes, and other vehicles, jewelry, art, furniture, etc.
• Make sure to obtain and record a list of Burial Costs and Last Expenses (such as from hospice or hospital stays).
• Compile and maintain records of all expenses, taxes paid and Income received during the appropriate Administration Process.
• Call Cantor Law Group immediately in order to assist you with this process.

DON’Ts:

• Do not contact the Bank to inform them of the Decedent’s passing.  This could result in an automatic “Due-in-Full” clause being triggered on any loans.
• Do not contact Credit Card Companies to inform them Decedent has passed.  This could again immediately cause a demand for payment in full on any outstanding balance.
• Do not notify the Utility Company that the decedent has passed.  This could cause them to immediately cut off all power and water, or request a new deposit. 
• Do not contact any Loan Companies (such as mortgages or car loans) and tell them the Decedent has passed.  Again, this could cause the entire amount to be due immediately, or a car can be Repossessed or a house can be Foreclosed on.
• Do not change any insurance coverages or contact any Creditors or Banks until and unless advised by your Cantor Law Group Attorney.

Required Fiduciary Classes

Whether you do or don’t use an Attorney to be the Executor or Personal Representative, then you still will be required to take on-line classes.  These are required per Rule 27.1 of the Arizona Rules of Probate.  You must wait five full days after death in order to apply.  In addition, there is a $324 filing fee.

The general responsibilities of the Executor or Personal Representative will require you to distribute the property of the Decedent pursuant to the Last Will and Testament (LWT), or the Rules of Intestate Succession (if there is no Will).  You will also be required to protect the property of the Decedent for the benefit of the Beneficiaries.  

The Statutory Priority in Arizona for being appointed as a Personal Representative are as follows in numerical order:

1. You are the person nominated in the Law Will and Testament (LWT)
2. You are the Surviving Spouse who is also the Beneficiary of the LWT.
3. You are an other Non-Spouse Beneficiary of the LWT.
4. You are the Surviving Spouse of the Decedent, but there is no Will, or you are not listed in the Will.
5. You are another Heir of the Decedent pursuant to law (i.e., children, grandchildren, sibling, etc.)
6. If the Decedent was a United States Military Veteran (or the Spouse of a Veteran) then the Department of Veterans Affairs can act as the Personal Representative.
7. Any Creditor can qualify, if a Probate has not been initiated within 45 days after the Death of Decedent.
8. If all else does not apply, then a Public Fiduciary has priority.

Remember:  The Court website clearly states, “if you’re not sure about this, talk to a lawyer who can help you decide.”  This is a very intensive process that can subject you to legal ramifications (both civilly and criminally) if not handled correctly.  Contact your Cantor Law Group Attorney today to seek counsel.

Statutory Requirements and the Four Stages of Trust Probate Administration After Death

Per Arizona Revised Statute 14-3712 and 14-3703, provide certain requirements that must be met by the Executor or Personal Representative, and if they are not met, this can subject the individual to personal liability for all losses that result from mismanagement or negligence.  The following are a list of some of those statutory requirements:

• ARS 14-3705 requires you to provide certain parties with Notice of your Court Appointment as a Personal Representative or Executor within 30 days of that Appointment.
• ARS 14-3306 requires you to provide a copy of the LWT to all of the Heirs within 30 days after the Will is submitted to the Court for Probate.
• ARS 14-3801 requires Notice to be Published to all Creditors regarding the Probate.
• ARS 14-3706 requires an Initial Accounting and Inventory of all assets to be provided to all Heirs within 90 days of your Appointment by the Court as a Personal Representative or Executor.
• ARS 14-3933 mandates that an Accounting be provided to all Heirs regarding all Receipts and Expenses of the Estate.

The Four Stages of Probate Trust Administration After Death

Stage 1:  Establish Asset Values

The main purpose of establishing an Asset Value is in order to determine what the actual Estate Taxes will be.  As of 2024, a person has a lifetime exemption of $13.61 million dollars which could be left to his Beneficiaries without triggering Estate Taxes. If a person’s Estate is valued at more than $13.61 million dollars, then the highest tax rate could be up to 40% of those remaining assets.  By establishing the valuation, you can then determine how much of the Estate Tax “Coupon” that can be used by the Beneficiaries to avoid Estate Taxes.

One of the main examples of setting a valuation on the date of a person’s death has to do with the primary residence the couple lives in.  If the house was purchased at $100,000 and is now worth $1 million dollars, that means it has increased by $900,000 in value.  If that house was sold before death, taxes would be due as a “Capital Gain” on that $900,000. By calculating the actual valuation of the house upon the first spouse’s death, you can determine the “Stepped Up Cost Basis” of the house.  Now, the Surviving Spouse inherits a $1 million dollar house, but only $900,000 counts against the $13.61 million dollar Estate Tax “Coupon.”  If the Surviving Spouse sells the house the next day, there will be no Capital Gains taxes whatsoever on that $900,000.

Remember: The Probate Trust Administrator must value all of the Decedent’s assets as of the date of death for these IRS purposes and tax determinations.  This is true even if the heir never plans on selling any of those inherited assets.

Stage 2:  Notifying Creditors

In order for a Probate Trust Administrator to properly notify Creditors in Arizona, they must publish a “Notice to Creditors” for three successive weekends in a largely-distributed newspaper.  This is true for all known and unknown creditors.  If the actual Creditors are “known Creditors,” then the Trust Administrator must also send them a copy of the Notice to Creditors.  Known Creditors are sometimes defined as any Creditor who sent a bill to the Personal Representative (i.e., Executor) or the Successor Trustee at any point in the past.  All of this notification is done in order to ensure that the creditors are paid off before the assets have distributed.  If this is not properly done, the Probate Trust Administrator could personally be on the hook for paying off those Creditors, even though all the money’s been distributed and spent by the heirs.

Arizona Revised Statute 14-3805 sets up the order and hierarchy of all creditors who are to be paid by the Estate first.  Some common debts that are paid include:  final medical bills; funeral/cremation expenses; and other household contractual expenses which are routine in any normal household.  A Probate Trust Administrator must be knowledgeable in the Community Property Laws and all laws which are in place to protect the Surviving Spouse (i.e., to prevent them from becoming homeless), or a Vulnerable Adult who may still be dependent on the Decedent’s assets.  Arizona law always seeks to keep Surviving Spouses, children, and Vulnerable Adults from becoming destitute.

Stage 3:  Filing of Proper Tax Documents

Before the Final Tax Return can be filed, the Probate Trust Administrator is required to collect assets, value those assets, and pay off all creditors.  This could have been as simple as filling out Life Insurance forms in order to get a Beneficiary paid, or transferring titles on various assets as delineated in the Trust documents.  Once all this has occurred, then the Final Tax Returns can be prepared.

Remember: It is always important to consult with a CPA when having these Final documents prepared.  As a Qualified Trust Administrator will know, there are actually two “tax years” that occur in the year the Grantor of the Trust dies.  The first tax return is from January 1st until the date of their death.  The second tax return will be from the date of death until December 31st of the year they died.  Make sure that you use a highly-skilled Trust Administrator who brings in the services of a CPA when filing the Final Tax Return.

Stage 4:  Distributing the Assets to the Beneficiaries

The Beneficiary Designation in certain legal forms will govern who actually receives the asset.  For example, whoever is designated in a Life Insurance Beneficiary form, or in 401K Retirement Agreement, will be the one entitled to those assets even if it differs from what is stated in a Will and a Trust.  IRA/401K Transfers are very complex, and involve how to properly utilize the Estate Tax Exclusion via the Estate Tax Coupon.  It is imperative that a top-rated Probate Trust Administrator is being used in order to finalize a person’s Estate.

Beware: When a Probate Trust Administrator does not know how to properly use the Tax Exclusion Credit, this is where the most errors occur which gets the Personal Representative (i.e., Executor) and Successor Trustee’s into trouble.  This includes high levels of damages.  It’s also imperative that a Qualified Probate Trust Administrator always informs All Beneficiaries of what assets exist, and how they are to be distributed.  Paperwork, which includes the Will and Trust, should always be given to these Beneficiaries.

Common Law Duties and Responsibilities of a Personal Representative or Executor

Personal Representatives have a very high standard and Duty of Loyalty which is owed to both the Beneficiary of the Estate, and to the Estate itself.  Some of these duties are as follows:

• Duty to Avoid Conflicts of Interest:  The Personal Representative can never put their interests above that of the Beneficiary, and they may not unfairly profit from the situation.  Although they are allowed to collect a “Reasonable Fee” for services rendered, they cannot profit from information learned, or from transactions conducted.
• Duty of Confidentiality:  The Personal Representative always has a Duty of Loyalty to keep all information regarding the estate Confidential. They cannot reveal this information to anybody, without prior authorization, or without a Court Order.  For example, they cannot write a tell-all book, or reveal information to the media.  This usually arises when they tell one of the Beneficiaries certain information, in which that Beneficiary then uses the information to their advantage over the interests of the other Beneficiaries.
• Duty of Due Diligence:  Personal Representatives must always exercise Reasonable Care and Due Diligence when dealing with the property of the Estate.  In other words, they must act “Reasonably and Prudently” when dealing with the assets.  If they are simply disposing of the assets below the fair market value in order to speed up their duties, or they are selling the assets to their personal friends at a discount, this would be a violation of that Duty.
• Duty to Protect and Preserve the Estate’s Assets:  A Personal Representative must always protect and preserve the assets involved.  This may require hiring security, storing items in a safe, having an insurance agent review and place current fair market coverage on the assets, etc.  There is also a Duty to make property “productive” within a reasonable period of time.  This may mean investing the assets in a very low-risk and secure manner, as opposed to investing the assets in a highly speculative venture.  It also may include securing, maintaining, and improving real estate assets before putting them on the market to sell.  If you have further questions regarding the duties of a Personal Representative, contact us at Cantor Law Group immediately.
• Duty to Act Promptly with Required Affairs:  This includes filing Tax Returns in a timely manner, and other required documents.  It also includes paying Property Taxes on existing properties so they do not land in default.  This Duty to act timely also includes the Duty to Communicate with all of the Beneficiaries with regard to important matter.  Many times problems arise when the Personal Representative is only communicating with one Beneficiary, with the assumption that they are relaying the correct information to the rest of the Beneficiaries.  It is always best for the Personal Representative to involve all Beneficiaries in the decision-making process when it comes to the disposal and maintenance of assets.

Payment for Services as a Personal Representative or Executor

Arizona Revised Statute 14-3719 (et seq.) allows a person to paid for serving as a Personal Representative or Executor if it is specified in the Last Will and Testament (LWT).  A person can choose to “Renounce” this payment.  If they do Renounce the payment they have to file a Written Notice with the Court.  Also, the LWT will normally provide for a specified hourly amount to be paid to the Personal Representative or Executor.

If there is no provision in the LWT for a payment for services to the Personal Representative or Executor, then the person can still apply to be reimbursed at a “Reasonable” rate.  Normally, this is about $50 an hour.  If you do serve as a Personal Representative or Executor, you must track all of the time expended on behalf of the Estate, and submit that time and Request for Reimbursement to the Court.  If the Court approves, then you will be reimbursed out of assets from the Estate.

Finalization and Conclusion of a Probate Trust Administrator’s Duties

Once Probate Trust assets have been fully distributed to the Beneficiaries, and the Successor Trustee is concluding their Administration, they need to file Final Tax Returns.  They also need to send a “Closing Letter” to all of the Beneficiaries detailing how all of the assets will be finally distributed.  If this involves transferring everything to the Surviving Spouse, then the Surviving Spouse must be instructed how to properly title all of the assets.  If there is no Surviving Spouse, then there should be directions in the Last Will and Testament (LWT) to the Trustee on how to make the final distribution to Beneficiaries.  Once a Beneficiary is fully informed, and a distribution has been made, then the Qualified Probate Trust Administrator should always get a Receipt of the Distribution, along with the Release of Responsibility and Liability.

Remember, these four (4) things must be done in order to Finalize your Duties as a Personal Representative or Executor in a Probate Matter:

1. A Final detailed Accounting will need to be prepared, provided to the Court, and all Beneficiaries, then ultimately approved by the Court.
2. You will be required to file a Final Plan of Distribution of Assets with the Court.
3. After the Plan of Distribution is approved, a “Report of Final Distribution” will have to be prepared.
4. Lastly, after all assets are distributed, then you will be required to Petition the Court for a Discharge of Personal Representative Status.  This is especially tricky if Real Property is owned in other states, then a Probate Process will have to be initiated within those states.  This is why it is important to hire a Qualified Probate Attorney to handle cases that involve out-of-state Real Property.

Problems Leading to Estate and Probate Litigation

At Cantor Law Group we have encountered many cases that have involved Probate litigation for a myriad of reasons.  The most common reasons are as follows:

• The Divorced Spouse is making Insurance claims.
• An outdated Last Will and Testament (LWT), Multiple Wills, or missing papers.
• Contested Will due to Incapacity or Undue Influence.
• Unlocated Assets.
• Executor or Personal Representative Abandonment, or Misdeeds/Mistakes.

If you need experienced Estate Planning Attorneys who will work with Phoenix Probate Lawyers in the related practices of Family Law and Probate Proceedings, then call to set a Free Consultation with the Top Estate Planning and Probate Lawyers at Cantor Law Group today!

What We Do When We Represent You

1. We will do a thorough review of the Last Will and Testament (LWT) in order to determine four things:  We confirm who was designated as the specific Personal Representative (i.e., Executor); was there a Personal Property Disposition List (PPDL), was there an Alternate Guardian listed (assuming minor children are involved), and did the Last Will and Testament waive any type of Bond Requirement.  If there are any deficiencies in these four areas, we will help you to quickly resolve those issues.We will help you determine which type of Probate Process is best for you.  We will work with you to ascertain whether the quick and easy Small Estate Probate Process may be optimal.  If the Estate does not fit into the “Small Estate Category,” then we will see if the Informal Probate process will work best.  If the Last Will and Testament (LWT) cannot be found or there is a challenge of some type, we can help get you into the Formal Probate Process in order to navigate the legal landmines. If a Supervised Probate Process is required, then we can help you with this very complex legal landscape. Lastly, if there is a contested Probate which is resulting in Estate and Probate Litigation, our Attorneys are more than up to the task to make sure that your interests are fairly protected.
2. If you are Designated as a Personal Representative or Executor, we can help you steps that have to be undertaken immediately.  This includes the following:  ordering death certificate copies; forwarding mail; compiling an accurate list of Beneficiaries and children; locating the most current, original Last Will and Testament; finding life insurance policies, marriage licenses (if they apply), all bank statements and real estate deeds, etc.; finding military papers (if they apply); finding all tax returns for the past three to five years; completing inventory of all assets and securing appraisals; getting an accurate record of all burial costs and last expenses; securing all digital passwords in order to preserve photos and other digital assets; and finally – helping you compile and maintain a record of all expenses during the probate administration process.
3. We can walk you through the Required on-line Fiduciary Classes.  This includes all the requirements per the Arizona Rules of Probate Rule 27.1.
4. We can make sure that you satisfy all the statutory requirements to serve as a Personal Representative, as required by Arizona Revised Statute 14-3712 and 14-3703.  This involves notifying certain parties of your court appointment as a Personal Representative; providing copies of the Last Will and Testament to all known Heirs within 30 days after the will is submitted to the Court; publishing a Notice to all Creditors regarding Probate; preparing the initial accounting and inventory of all assets and providing it to all Heirs within 90 days of your Appointment; and preparing the accounting of all receipts and expenses to the Estate and providing those to the Heirs as they become due.
5. Finally, we can help you with Finalizing and Closing the Probate Process.  This includes preparing a Final Detailed Accounting providing it to all Beneficiaries and the Court; filing the required Final Plan of Distribution of Assets with the court; preparing the Report of Final Distribution, once that plan is approved; and filing the final Petition for Discharge of Personal Representative Status after Final Tax Returns have been filed, and proper Receipts of Distribution and Release of Responsibility and Liability have been obtained by all Beneficiaries.

What Our Clients Say

Phoenix Probate FAQs

What is probate?

Probate is the legal process of passing the assets comprising one’s Estate after death.  In Arizona, there are many types of Probate available depending upon the circumstances.  Some assets may be passed outside the Probate Process, but if Probate is necessary, it may be Informal, Formal or Supervised.  The type of Probate roughly equates to how much the Court or judge will be involved.  Sometimes, Probate will require a combination of the different types.  If a loved one died and you are not sure what to do, call Cantor Law Group.  We can tell you if Probate will be necessary, and if it is, we will help you get through the Probate Process.  

How long is probate?  How much does if cost?  

There is no one-size-fits-all answer to these questions.  Probate can take as little as 4-6 months, but sometimes it can take more than two years.  When you hire an Attorney, it will cost at least a few thousand dollars.  If the matter is particularly complex or involves Court Supervision, Probate can cost $25,000 or more.  The good news is that the Estate generally will cover these costs as long as the Estate is not insolvent.

Does a Last Will and Testament avoid probate?

Having a Last Will and Testament does not avoid Probate.  A Last Will and Testament (LWT) provides the Probate court with your instructions and wishes.  Moreover, a well-drafted Last Will and Testament often eliminates or reduces the issues that so often cause delay and expense during Probate. At Cantor Law Group, we can help you prepare your Last Will and Testament to make the Probate process go more smoothly and, ultimately, require less time and money.  

Is there any way I can ensure that my loved ones do not have to go through probate in Arizona? 

Yes, a well-drafted and properly funded Revocable Living Trust (RLT) will avoid Probate regarding the Assets titled to the RLT.  There are also other methods and strategies that can by employed as a part of a comprehensive Estate Plan to avoid Probate or make Probate less cumbersome.  At Cantor Law Group we will discuss all of the available options to help you prepare an Estate Plan that suits your needs and those of your loved ones.   

What is a Probate Bond?

A Personal Representative (like an Executor) will have to obtain a bond in cases were there is no Last Will and Testament, or the Last Will and Testament does not specifically eliminate bond.  In addition, if a bond would otherwise be required, all of the Beneficiaries, Heirs or Devisees may agree to waive bond.  A Probate Bond is like insurance.  It protects the Estate and Beneficiaries, Heirs, or Devisees from wrongdoing by the Personal Representative.    

Work With a Cantor Law Group Phoenix Probate Attorney Today

For a free consultation at our experienced Phoenix Estate Planning Firm with one of our Phoenix Probate Attorneys, call us at  602-307-0808  , or click here for a free consultation and legal guidance on any estate planning cases.