Virtual first, serving families across Arizona.
Mon to Thu 8 to 4, Fri 8 to 12
Virtual first, serving families across Arizona.
Mon to Thu 8 to 4, Fri 8 to 12
Estate Planning
A clear written directive about funeral, burial, or cremation preferences.
Estate Planning
A clear written directive about funeral, burial, or cremation preferences.
Final Disposition Instructions document your wishes about what happens to your body after death: burial or cremation, the type of service, where you want to be laid to rest, and any other preferences that matter to you. Arizona statutes give weight to a written designation, which spares your family from guessing or disagreeing in the hours after a loss.
We draft these instructions in plain language and store them with your estate plan so they are available immediately when needed. We also discuss naming a designated agent who has the legal authority to carry your wishes out.
Many clients find this document quietly meaningful. It is a small act of consideration that lifts a real burden from grieving family members.
Nicole includes this document in our standard packages because it costs little and matters a great deal at the moment it is read.
The probate process begins in Phoenix when an individual files a will (if there is one) and a petition asking to be the personal representative in Maricopa Superior Court. The personal representative is the individual who will be directly handling the estate. Once the court approves the application, the personal representative can begin to administer the estate. Throughout the probate process the probate court will oversee that the personal representative properly 1) notifies all interested parties, 2) gathers and takes an inventory of all the assets of the decedent, 3) pays the decedent’s debts and taxes, 4) distributes the assets, and 5) closes the estate.
The probate process is generally the same whether or not the decedent died with or without a will—the primary difference being how the assets are distributed. If the decedent died with the will, the executor must distribute the assets according to the will. However, if the decedent died without a will, the personal representative must distribute the assets according to Arizona’s laws of intestate succession.
There are three types of probate proceedings that the court oversees in Phoenix: 1) informal, 2) formal, and 3) supervised. The amount and manner of court oversight depend on the type of probate proceeding.
Informal probate is available when there is a valid will that is not contested. It is the simplest form of probate and requires the least amount of supervision by the court. There is no hearing in an informal probate proceeding. Rather, a court registrar oversees the process. If the will is challenged during the proceeding, it will trigger formal probate.
An estate must go through formal probate if there is a legal issue regarding the will that the court resolve. Legal issues triggering formal probate could include questions about the validity of the will or contesting interpretations of the will. There is a court proceeding and higher degree of court oversight in a formal probate proceeding. The personal representative cannot make distributions of the estate property until the court has validated the will.
Supervised probate is used when there are complex or usual issues surrounding the estate. The personal representative or an interested party can request supervised probate at any time. In supervised probate, the probate court must oversee all distributions and sales of estate property and any payment of debt to creditors. The court must approve every step of the estate administration. Supervised probate is the most expensive and time-consuming of the three options.
If you have what Arizona law defines as a “small estate,” you can go through a simplified procedure with minimal court supervision. Rather than having to go through a probate procedure, you can simply file an affidavit of succession with the court. It does not matter whether or not the decedent had a will.
Before you can distribute property, there are specific waiting periods. An affidavit to transfer personal property can be used 30 days after the decedent’s date of death, and an affidavit to transfer real property can be used six months after the decedent’s date of death.
A small estate is when the personal property in the estate is $75,000 or less, or the total value of the real property is $100,000 or less. When calculating whether the estate meets Arizona’s small estate limits, you should not count any assets that do not go pass through probate. Examples of assets that avoid probate are listed below.
Certain assets do not need to go through the probate process, meaning that the probate court does not need to oversee their distribution. Some examples of property that can avoid probate include:
Included in both the Will and Trust Packages, or available a la carte. View full pricing.
Begin your plan
Schedule a virtual consultation or telephone call with Nicole Pavlik. Flat-fee pricing, clear timelines, and a process designed around you.
