What is probate?

Probate is a court administration process that occurs when someone has died.  If there is a Will, the Will must be valid in accordance with State law.  If there is no valid Will, statute determines the heirs and distribution of the property.  Each state has “intestate” (i.e. without a Will) statutes and order of priority to the estate. See links at the end of this blog posting.

Probate does not have to be challenging or overwhelming.  For the most part, it is gathering the decedent’s property (assets) and determining the value; paying the deceased person’s debts; paying applicable taxes; and, distributing the property in accordance with the Will.  The Court has specific documents and deadlines it requires and it is important to meet the court’s requirements

Probate, at a minimum, involves paperwork and, in some cases court appearances are required.  Legal, court and related fees are paid from estate property, which would otherwise go to the people who inherit the deceased person’s property.

The probate process does not require that you hire a lawyer.  That is a decision that you have to make depending on your situation.  An experienced Arizona certified legal document preparer can professionally prepare the required documents and even deliver them to the court for filing.  You have the potential to save significant dollars by “doing it yourself” through a professional legal document preparer.  For example, Arizona Legal EASE charges $800.00 (plus outside court/publication fees) for most informal probate document preparation services.  Formal Probate documents may cost more, simply due to the unique nature of every situation. 

Links re Arizona Intestate (without a Will) Succession: http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/14/02102.htm&Title=14&DocType=ARS

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/14/02103.htm&Title=14&DocType=ARS

Link re “Do It Yourself” probate document preparation services:

http://www.arizonalegalease.com/Services.aspx?service=5f02ad41-4a26-40c6-b30f-08187b1a7d0f&id=0

http://www.arizonaprobateservices.com/

For more information, please email sheila@arizonalegalease.com, visit the website at www.arizonalegalease.com, or call the Arizona Legal Ease office at (602) 523-0100.

Links re Arizona Intestate (without a Will) Succession: http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/14/02102.htm&Title=14&DocType=ARS

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/14/02103.htm&Title=14&DocType=ARS

Link re “Do It Yourself” probate document preparation services:

http://www.arizonalegalease.com/Services.aspx?service=5f02ad41-4a26-40c6-b30f-08187b1a7d0f&id=0

http://www.arizonaprobateservices.com/

Arizona Legal EASE, Inc. is an Arizona certified legal document preparer.  We provide general information about Arizona legal issues and process. However, legal information is not the same as legal advice, which is the application of the law to a specific situation. The information provided here is not intended or meant to provide legal advice or a comprehensive picture of any particular situation.

NOTICE TO CONSUMER. Pursuant to Legal Document Preparer Code of Conduct, you are hereby informed of the following: That a legal document preparer is not a lawyer, is not employed by a lawyer, and cannot give legal advice, and that communications with a legal document preparer are not privileged (subject to subpoena).

Advertisements