Consulting with an experienced probate lawyer could provide invaluable help in navigating the probate system. Addressing the items a loved one leaves behind after they pass is challenging. Maneuvering through tangled legal rules while handling the trauma of losing a loved one is stressful. However, addressing the decedent’s Estate is an important process that must begin. It is important to note that some legal statutes of limitations periods start when the decedent passes. Whilst some people will think of the sentimental items, others will think of items with monetary value. How does the probate system address competing claims? What happens to these key items? Have any parties claimed unsettled debts? Probate law evolved over hundreds of years and forms our current legal system designed to determine who is entitled to the decedent’s assets.
If probate is required, someone must apply to validate the will in the Superior Court. The decedent’s will may designate the appropriate person to file this application. If none is designated, Arizona statutes control who has authority to file. If validated, the Court will issue Letters of Appointment to the Personal Representative, sometimes known as an executor. The Personal Representative may be someone named in the decedent’s Last Will and Testament, or is otherwise selected from a list of persons designated in Arizona statutes. The Personal Representative plays an important role. Their tasks include identifying Estate assets, paying outstanding taxes and debts, asset appraisal, and distribution of the remaining Estate assets.
Is Probate Necessary?
Whether a probate case must be filed does not depend on if the decedent had a will or died without a will. If assets valued over more than an amount specified in Arizona statute remain titled in the decedent’s name, probate will probably be required to distribute those assets. Probate can be avoided if the decedent handled Estate Planning before their passing:
• ‘Payable-on death’ or ‘transfer-on-death‘ designations for certain types of accounts
• Establishing a Trust along with a Last Will and Testament
• Making beneficiary designations for certain types of assets
• Giving away possessions before death
• Changing assets into joint tenancy
Such steps, if completed before passing, could function to avoid probate. For example, giving away possessions means that they will have reached their intended owners before death. Changing assets into a joint tenancy will ensure that the joint owner takes over after death. By having these steps in place, there is no confusion as to what should happen after passing away. Note that some of these tools could result in unintended consequences. One example is if the person named as a beneficiary predeceases the decedent. Then what happens to that asset?
If you want to avoid your beneficiaries and heirs having to file a probate matter in Superior Court after passing, consult with experienced Mesa probate lawyer James A. Robles to discuss available options to distribute your Estate without needing Court intervention.