Probate Lawyer Phoenix, AZ
If you are in charge of probating your deceased loved one’s estate, you may want to speak to a probate lawyer Phoenix, AZ residents trust. At Kamper Estrada, LLP, we have guided many people like yourself through the probate process. We are here to assist you every step of the way. A probate lawyer is a state licensed lawyer who knows how to advise personal representatives, known as executors and beneficiaries, of an estate regarding how to settle the final affairs of a deceased person. If you are experiencing challenges for which you need a probate lawyer Phoenix, AZ trusts to handle your situation, it may be in your best interest to contact us today.
Probate is a type of court system that gives the estate executor the power to act on behalf of the deceased. You can look to a probate lawyer in Phoenix, AZ to provide the proper guidance for your legal probate matters. Our lawyers understand each and every case is unique and requires individualized attention and care. Learn about Can I Contest a Will if the Person Who Died Had a Brain Injury?
Benefits of Hiring a Probate Lawyer
While it’s possible to handle the probate process on your own, it may be in your best interest to hire legal help. Here are a few benefits of working with an experienced probate lawyer in Phoenix, AZ:
-Legal Expertise: The average person doesn’t deal with estates very often and might know what to do if a problem arises. That’s why a probate lawyer Phoenix, AZ clients respect is there for. A probate lawyer has dealt with many estates and is prepared to handle any complications that may come up. However, dealing with the court and completing the required paperwork can be a complex and complicated process. For these reasons, many people seek legal assistance from a probate lawyer who can help them with the administration of the deceased’s estate. When an estate involves a significant amount of assets, questions and tensions can arise. Having an experienced Phoenix probate lawyer by your side who can provide legal advice can be invaluable.
-Save Time: Administering an estate can be quite time-consuming. This can put a lot of unneeded stress on your back when you are grieving over the loss of a loved one. If you hire a probate lawyer, he or she may do all the legwork for you, saving you time.
Minimize Taxes: When you administer an estate, you will likely have to pay estate taxes. A probate lawyer Phoenix, AZ residents count on may be able to help you reduce these taxes as much as possible. In fact, your tax savings may be significantly higher than any costs associated with hiring a probate lawyer.
-Avoid Family Arguments: If beneficiaries don’t believe they are being treated fairly, heated arguments can arise. A probate lawyer can be there to alleviate tension among family members during this difficult time and provide answers to their questions. These questions can be very crucial for you to answer or understand. Our lawyers have worked on simple to the most complex of estates, and as a result are familiar with best practices to resolve legal issues. Your best interests can be represented by a probate lawyer from our firm. You can feel confident that a skilled probate lawyer Phoenix, AZ residents hire from our firm can help you receive what is legally owed to you.
-Manage Complex Assets: Simple assets, like bank accounts and vehicles, are normally easy to manage on your own. However, if an estate contains more complex assets, like real estate or businesses, it may be necessary to have a probate lawyer help you manage these assets. When the estate assets are divided, the process of distributing them based on percentage shares and other methods of disbursement can be confusing. This is why for more complex estates, it is not always optimal for the executor to handle on their own. Therefore, you may need an experienced and respected probate lawyer Phoenix, AZ residents deserve to settle these types of situations.
-Assist With Debts: If there are a lot debts in the estate that the assets can’t cover, it may be advisable to hire a Phoenix probate lawyer. Creditor laws can be quite complex, and a lawyer may help you determine which debts have priority. In some instances, you may make the mistake of paying the debts in a random fashion and not paying down the one that has a specific deadline or time limit, or not paying down the loan that has been taken with a high rate of interest. Due to these reasons, it may be a good idea to discuss the situation with a probate lawyer Phoenix, AZ community members turn to in similar situations. To preserve the estate’s maximum value, it’s important to resolve any debt issues as soon as possible.
What are the Steps Involved for Probate?
When a person passes away, they may have made preparations for how they want their legacy distributed through creating an official will. Within this document, the decedent may have chosen a person they want to be in charge of handling their assets and estate with the help of a probate lawyer in Phoenix, Arizona. In other cases where no will was established, then what the decedent left behind may be managed by someone appointed by the probate court. Either way, probate is the process of settling the deceased person’s debts, and distributing property and accounts to either beneficiaries or heirs.
In general, there are four steps involved in the probate process and are summarized as follows:
1) Filing a petition to probate court and notifying beneficiaries and/or heirs.
Probate begins after a petition has been submitted to probate court, in which the will is verified and then either the executor is appointed or the court assigns an estate administrator. Beneficiaries or heirs must be informed about the petition court hearing, so they have the chance to object if they so wish. In many cases, the hearing is also published in local newspaper in an attempt to notify others who wish to come forward requesting to collect from the estate. Known creditors receive notice of the person’s passing, and have a certain period of time to submit a claim. Consulting with a probate lawyer Phoenix, Arizona trusts can make the process of probate an easier one to understand and go through.
2) The executor or administrator takes inventory of the decedent’s estate.
The executor or assigned administrator by the court, must then locate, identify and gather information regarding everything the decent owns. This could be bank accounts, property, life insurance policies, treasures, collections, bonds, stocks, and more. At this step, an appraiser may be requested to value the decedent’s assets.
3) Estate taxes, decedent debts and funeral expenses are paid from estate.
If necessary, property of the decedent may need to be sold in order to pay off outstanding debts and taxes. The executor or administrator must decide which claims brought forward by creditors and others are legitimate. Any claims deemed valid are paid from funds in the estate.
4) Property title is transferred based on the will or laws of intestacy.
Once financial obligations have been paid, the executor or administrator asks the court for authority to distribute remaining assets to heirs or beneficiaries. If a will was written, then the wishes of the decedent must be carried out responsibly and with respect. It is possible for a beneficiary or relative to file a complaint to the court that the executor or administrator is not taking care of the decedent’s estate properly. A great way that many executors or administrators lessen the chances of a family member becoming outraged, is to keep them updated throughout the entire probate process. In fact, some state laws require that the executor or administrator keeps an account of how the assets are being managed during probate. A Phoenix, AZ probate lawyer can assist the executor or administrator to be sure that all assets are being distributed properly.
Many people can help prevent their family members from going through the process of probate by creating a valid will, updating the will based on life changes, organizing records of property/assets/debts, and asking the chosen executor if they are comfortable fulfilling that role. A probate lawyer that Phoenix, AZ trusts can help you through the process.
Setting Up a Consultation With a Probate Lawyer
If you have decided to hire a probate lawyer Phoenix, AZ clients depend on, the first step is to set up an initial consultation with one. During the meeting, a probate lawyer may likely want to find out more background information about the estate you are in charge of any might request to see certain documents, such as tax returns and deeds. These documents can be reviewed and prioritized so that all of the necessary steps are taken to ensure full legal compliance. The legal process can be discussed in detail with the beneficiary or the family members named as heirs in the will. Because every situation is different, after a thorough review of the circumstances, your probate lawyer can explain what may be necessary in order to settle the estate as soon as possible. Learn more about What You Need to Know About the Probate Process.
Do not hesitate to ask your own questions during the consultation. For example, you may want to find out how much experience this lawyer has with estate planning and what his or her fee structure is. The more questions you ask, the more information you can gain about a probate lawyer’s experience and skills.
If you are searching for a probate lawyer Phoenix, AZ offers, contact Kamper Estrada, LLP at 602-730-7988 and speak with a probate lawyer Phoenix, AZ is proud to have in the community.