You cannot create an estate plan for someone who has already passed away. Estate planning is a process that must happen during a person’s lifetime. So, once someone dies, that window closes permanently.
Estate Planning After Death
Navigating legal and financial matters while grieving is genuinely hard. You’re processing loss while simultaneously being asked to make decisions, locate documents, contact institutions, and manage a process you likely have never dealt with before.
It can feel completely overwhelming, and that’s okay. Most people have no idea what to do in those first days and weeks after losing someone they love. What helps is knowing that there is a process, and that process has a clear order of operations.
You don’t have to figure everything out at once. And you don’t have to know all the answers on day one. What matters is taking things one step at a time, leaning on the right people for support, and understanding that legal and financial loose ends can be addressed.
Making an Estate Plan for a Deceased Person: What You Should Know
When a person passes away, their estate needs to be collected, managed, and distributed. How that process unfolds depends almost entirely on whether or not they had an estate plan.
If they had a will or trust, those documents would become the roadmap. If they didn’t, Arizona’s intestate succession laws take over. That means the state makes those decisions for the family. Either way, the legal process that follows death is called probate.
What Is Probate?
Probate is the court-supervised process of validating a deceased person’s will, settling their debts, and distributing their remaining assets to beneficiaries. In Arizona, probate is required when a person dies with assets solely in their name that exceed $75,000, or when real property is involved.
If your loved one had a properly funded revocable living trust, their estate may be able to bypass probate. But if they only had a will, probate will likely be necessary.
What You Can Do with an Estate After a Loved One Passes
While you can’t create an estate plan for a deceased person, there are important steps you can and should take as a surviving family member.
- Locate existing documents. Search for wills, trusts, powers of attorney, or beneficiary designation forms. Check safe deposit boxes, home files, email, and contact attorneys your loved one may have worked with.
- File the will with the probate court. In Arizona, a will generally must be filed with the court within a reasonable time after death, even if probate isn’t immediately opened.
- Identify and notify beneficiaries. Once documents are located, the people named in them need to be notified. This is typically handled by the executor named in the will or by a court-appointed personal representative.
- Take inventory of the estate. This means identifying all assets and any outstanding debts or liabilities.
- Work with a probate attorney. Navigating this process without legal guidance is possible, but it’s rarely simple. An experienced probate attorney can help you avoid costly mistakes, meet court deadlines, and ensure assets are distributed correctly.
What If There Was No Estate Plan?
This is more common than most people realize, and it creates real complications. When someone dies without a will or trust, the court appoints a personal representative to manage the estate, and Arizona law determines who inherits what. That outcome doesn’t always reflect what your loved one would have wanted.
It also means the process typically takes longer, costs more, and requires more court involvement than it would have with even a basic estate plan in place.
The Best Thing You Can Do Right Now
You can’t go back and create an estate plan for someone who has already passed. But you can make sure the people you love never face that same situation because of you. We’re here when you’re ready. Schedule your consultation today.