When your parents pass away, their estate will be probated. The probating of their will, and all associated duties are handled by their executor. This could be a person they chose and named in their will, or it could be a person appointed by the court. Executors have...
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Probate
Key facts prospective personal representatives should know
Being the personal representative of a person’s estate is a significant responsibility under Arizona law. The personal representative is appointed by the court to perform the duties after a person dies. This is to distribute assets, oversee their affairs and...
Navigating a complex path in probate and estate administration
Most people in Arizona probably never have much exposure to the court system in their lives. That is why being thrust into the probate court experience after the death of a loved one can be so jarring. It is not easy to navigate what can sometimes be a complex path...
When might formal probate be needed in Arizona?
In Arizona, when a loved one dies, people will have many issues to navigate. Often, there is an estate plan that will serve as a guideline for what the person who died – the testator – wanted. That includes how their assets will be distributed, if there were...
What happens if you die without an estate plan?
Death is a certainty that every Arizona resident must contend with. Though individuals cannot predict when they will pass, they can take control of their end-of-life estates by preparing and executing estate planning documents. Different estate planning documents can...
Why are wills challenged in probate?
Many Tucson residents have heard of wills and understand that they serve a purpose in the estate planning process. A will is a testamentary device that provides the heirs and beneficiaries of a decedent’s end of life estate with instructions on what the decedent...
Court of Appeals finds joint account not part of probate
After a loved one dies, the last thing most family members are thinking of is money. However, at some point, estate administration is needed, and the wishes of the deceased must be done. This is done through the probate process, and a recent ruling shows how...
The role of public fiduciaries in Arizona’s probate system
Many estate planning devices used by Tucson residents to manage and distribute their assets after they die or if they become incompetent to perform those roles make use of a person who acts as a “fiduciary.” A fiduciary in this context is a person who has demonstrated...
The responsibility of being the personal representative of an estate
Many times when a person is asked by a loved one to agree to act as the personal representative of an estate after that person’s death, the answer is yes. However, that person is rarely fully aware of what he or she are agreeing to do. Being appointed as the...
What happens if you die without a will or trust?
Sometimes a person puts off executing an estate plan until it is too late. If a person in Southern Arizona dies without a will or trust, their assets will be distributed to their heirs per the laws of “intestate succession.” This applies to both community property and...