Probate Attorney Gilbert AZ

Probate Attorney Gilbert AZ

Probate Services

Probate Attorney & Lawyer in Gilbert, AZ

If you have lost a family member, we extend our sincere condolences. We understand the emotional toll and the deep sense of grief felt after losing a loved one.

When someone passes away, his or her family members must figure out how to distribute belongings, pay creditors, and settle the estate. An estate plan makes this process much easier, or even avoidable. Unfortunately, many people fail to create a proper estate plan during their lifetime. Also, many people mistakenly believe that a will is sufficient for avoiding probate. It is not. View our page on the differences between trusts and wills, here.

Without a proper estate plan, family members are forced to go through a court-supervised process called probate. Probate is the legal process of paying creditors and distributing belongings to heirs after someone has passed away. Many learn they must open probate for their family member’s estate after reaching out to an attorney because they’re having trouble collecting their loved one’s assets or because family members are fighting over belongings. Unfortunately, probate and estate administration can be time-consuming and confusing as you value assets, pay off debts, and distribute assets to designated parties. The process can take anywhere from five months to several years, depending on the size, structure, and complexity of the estate, the schedule of the probate court, and whether there are disputes among family members and/or creditors. An experienced probate attorney can help by completing the required steps according to law in an expedited manner, saving you time, money, and stress.
Our team has the experience and knowledge of Arizona probate law to expedite the process and resolve any problems as quickly as possible. We can identify whether probate is necessary and if so, how to properly proceed. We’ll manage the entire process for you, from start to finish, to keep it as stress-free as we can during this difficult time.

Arizona Probate Process

When a family member passes away, it’s important to search for a valid will, trust, and other estate planning and asset documentation. Whether or not you find a will, you’ll need to speak with an experienced probate and trust attorney for guidance.

While every estate is unique, the probate process requires the following:

  • Filing a petition/application to open probate and/or appoint a personal representative

    • Probate information cover sheet
    • Petition/Application for appointment
    • Original last will and testament
    • Notice of application
    • Proof of mailing of notice of application
    • Declaration supporting publication (if applicable)
    • Statement of informal appointment (if applicable)
    • Letters and acceptance of appointment
    • Order to personal representative
    • Certificate of completion of training
    • Waiver of right to appointment and consent (if applicable)
    • Waiver of bond (if applicable)

  • Notice to heirs and other interested parties

    • Notice of Appointment
    • Order to personal representative

  • Notice to potential creditors

    • Legal Publication of Notice to unknown creditors
    • Mailing of Notice to known creditors
    • Proof of Notice to known / unknown creditors

  • Inventory and appraisal of all estate assets

    • Proof of Mailing

  • Payment of estate debt to creditors

  • Sale of estate assets

  • Payment of taxes

  • Final distribution of assets to heirs

Each estate can be unique and may have its own challenges. For example, a will may not have been properly executed, an asset may be difficult to sell or have issues when being transferred, beneficiaries may have disagreements, or there could be issues involving creditors to the estate. An experienced probate attorney can help you through these challenges and to obtain the best possible outcome.

Feel free to contact Woods Law Group at (480) 360-1776 with any questions about probate or any other legal issues.

Our Commitment

Our team will represent you as if you are our family. We earn our clients’ trust and respect by adhering to the core values we consider a commitment to our clients: