Chandler Informal Probate Attorney
Maricopa County lawyer helps with administration of simple estates in Arizona
Being named the personal representative of someone’s estate is a significant responsibility. However, depending on the estate’s size and complexity, the work may not be all that demanding. Arizona law provides for a streamlined process, known as informal probate, through which a personal representative can settle an estate with limited court oversight and minimal expense. At Jeffrey P. Hall, PLLC, I can assist you in making sure this process is completed properly and swiftly. With offices in Chandler, Peoria and Phoenix, I serve clients throughout Maricopa County.
What is informal probate?
Arizona has adopted the Uniform Probate Code (UPC), which includes a streamlined probate procedure for simple estates. Compared to formal probate, which requires court-supervision and multiple reporting requirements, informal probate has minimal court involvement, making it faster, less expensive and less complicated. The process is usually completed without need of a court hearing.
When is informal probate used?
Informal probate is suitable for estates where decedents have left valid and clear wills, trusts or other documents and where beneficiaries are in general agreement about how assets will be divided. Informal probate is not used when estate documents lack clarity, when there are significant disputes among beneficiaries or heirs or in cases of will contests. Note that Arizona does not impose a monetary size limit on estates eligible for informal probate, but the process is typically used when assets can be transferred without significant legal complications.
Steps in the informal probate process
Although it is less involved than formal probate, the informal process still requires that specific steps be taken. The main ones are as follows:
- Filing an application for informal probate with the probate court
- Being appointed a personal representative (also known as executor or estate administrator)
- Locating and notifying beneficiaries/heirs and other interested parties
- Inventorying and valuing estate assets
- Paying debts and taxes
- Distributing inheritances to beneficiaries/heirs
- Filing a final estate accounting and closing statement with the court
I can answer your questions about eligibility for this type of probate based on the specific circumstances surrounding the estate and guide you through all steps in the process from start to finish.
The responsibilities of personal representatives
Personal representatives are responsible for managing every step in the probate process. To serve in this capacity under Arizona law, you must be at least 18 years old and be one of the following:
- A spouse, child, parent or sibling of the decedent
- A person named by the decedent in their will to be personal representative
- A person entitled to property of the decedent
- A creditor of the decedent, if 45 days have passed since the person died and no family member has stepped forward
They have a fiduciary duty to act in the best interests of the estate and its beneficiaries. Mistakes or mismanagement of the estate can potentially result in personal liability. I will counsel you throughout the process so that it is properly completed in the most efficient way possible for the circumstances.
Contact a knowledgeable Chandler informal probate lawyer for assistance
At Jeffrey P. Hall, PLLC, I counsel personal representatives in all aspects of estate probate, both formal and informal, from my offices in Chandler, Peoria and Phoenix. Call me at 480-409-5174 or contact me online to schedule a consultation.
