What Is Probate?
When you suffer a loss in your family, it is an emotional and overwhelming process to try and navigate through what needs to be done. Even if your loved one had a Will in place.
The executor of the Will has to follow up with creditors, file paperwork with the court and round up assets, all while grieving and continuing to live and provide for loved ones.
You don’t have to go through this alone, and you don’t have to research and guess if you’re handling your loved one’s estate properly. I’m here to help.
I work hand-in-hand with the executor (or act as the executor) to ensure that all the final wishes of your loved one are carried out. I let you take care of yourself and your family because I take the legal aspects of your loved one’s passing off your hands and help to ease the burden of this process for you.
Do You Have to File a Probate?
(I do not handle these court proceedings)
- Will contest (devisees or heirs alleging an invalid will or other disputes)
- Technical reasons (no designated personal representative)
- If the decedent had personal property in excess of $75,000
- If the decedent had equity in real property in excess of $100,000
- If the personal representative is unsure of existing creditors
- The decedent did or did not have a will (the process remains the same)
Small Estate Affidavits
Arizona offers a simplified process for estates with equity in real property that does not exceed $100,000 or personal property that does not exceed $75,000. This means probate is not required.
Affidavit to Transfer Real Property
- When determining the value of real estate to transfer real property, the amount of equity is calculated as the current year’s assessed value for property tax purposes minus any outstanding debt.
- An affidavit to transfer real property can only be filed six months after the decedent’s date of death.
Affidavit to Transfer Personal Property
- An affidavit to transfer personal property can only be used 30 days after the decedent’s date of death.
- Examples of personal property include:
- Bank accounts
- Cars, boats, and mobile homes
- Investment account