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Relieve the burden of estate administration 

Phoenix Probate & Estate Administration LawLosing a loved one is a difficult time. 

It is even more stressful if you have to meet certain deadlines for the administration of their estate.

Some of the burdens can be eased if you know that your loved one’s final wishes are being carried out and their estate is being handled exactly as they intended.

We can help you:

  • Understand and manage the probate process
  • Administer the estate without unnecessary delays
  • Protect your inheritance from creditors

What is probate and how does it affect you?

If your loved one was a resident of Arizona, if they owned personal property in excess of $75,000 or real property with a net value over $100,000, you must go through a court process called probate or probate administration to obtain ownership of your loved one’s property.

This involves:

  • Administration of the estate by a personal representative (aka, “executor”)
  • Ensuring the proper legal documents and notices are filed with the court
  • Informing heirs and beneficiaries about the estate and settling any debts 
  • Distributing property to the beneficiaries and heirs detailed in the will 

This needs to be done in a timely manner; otherwise. there can be penalties for the personal representative of the deceased person.

If the value of the estate is under $75,000 (and there is no real property with a net value over  $100,000), no probate is required and a simple affidavit process usually suffices (Small Estate Affidavit).

It is worth noting that probate is not required for living trusts. This is an important distinction and a reason why most individuals prefer to set up a revocable living trust rather than a will.

How does probate work in Arizona?

There are several steps to go through to manage the probate process in Arizona:

  • First, the personal representative must file a probate petition in Arizona Superior Court
  • They may also have to post a bond (some situations require this)

From here, there are three types of probate administration:

  • Informal probate – this is the most common, where there are no contested elements of the probate.
  • Formal probate – this is where elements of the probate are disputed; this must then go to court hearings at the Superior Court. 
  • Supervised probate – this is essentially halfway between the two types of probate detailed above, with some court involvement.

All types of probate require specific actions within specific timeframes by the personal representative. 

These include:

  • Notifying heirs, beneficiaries, and creditors of the contents of the will
  • Identifying and locating the assets and making an inventory
  • Providing a copy of the inventory to heirs and beneficiaries within 90 days
  • Paying all necessary costs, including state and federal taxes, funeral costs, administration expenses, and any claims
  • Providing all heirs and beneficiaries with a copy of the estate administration accounting
  • Distributing assets as detailed in the will

How to simplify probate and estate administration

The above probate process can be burdensome even for someone with experience in it.

For most people, consultation with a probate attorney is absolutely necessary, especially when identifying and distributing the estate assets.

We’ll help you settle the estate according to Arizona law so that your loved one’s legacy is left just as intended.

Contact Us Today

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Testimonials

When it was time to update our estate plan we turned to Kent Phelps.  We were only two days away from an extended trip overseas and needed it done fast but done right – especially with a child who has special needs.  Our documents were completed, signed, notarized and witnessed in a day! And we were confident it was done right because we had the help of an experienced attorney.  So grateful to Kent for going above and beyond so we could enjoy our trip with peace of mind!
Sarah & Andy Weir
We had known for many years that we needed an estate plan but just never got around to doing it.  Our son hired Kent Phelps to do his estate plan and encouraged us to contact Kent and get it done – so we did!   We immediately felt like Kent “got” our unique family situation and knew just what to do. We wish we had done this sooner but what a great feeling it is to know that what we’ve worked so hard for all these years will be protected and go to the right people when it’s our time.  We highly recommend Kent to anybody who needs an estate planning attorney.
Christine & Arvon Jones
Amazing In Every Way! Kent was amazing. He excelled in communication, and he was very understanding and listened to our unique situation. He explained everything in detail and was an amazing advocate for what we wanted to do. I would highly recommend him and his services. 
Eric Zimmerman
We were looking for an estate planning attorney and were referred to Kent Phelps by a friend.  We felt like he really listened to us as we talked about our family and business and what we wanted to accomplish.  Kent took the time to help us understand how living trusts and LLC’s work and how they can help protect our family and property.   The fixed fee approach was also very appealing to us. We were excited when we received our estate planning and LLC notebooks! Being able to have instructions in our trust that make sure our children receive what we leave them in a way that will truly help, rather than harm them has given us the peace of mind we were hoping for.  So grateful we found Kent!
James & Tiffany Larson
Mr. Phelps has provided exceptional work and advice. I have recommended many family and friends to Mr. Phelps because of his professionalism.
Melissa Debnar
Kent’s unique perspective and focused expertise set him apart from his peers. His willingness to completely understand his client’s goals, and only then offer appropriate suggestions is refreshing. With an ability to take complex asset protection strategy and explain it in common context, it is easy to recommend him.
Tim Norris
Mr. Phelps’s services have been used to handle some amendments to business documents following my divorce. The amendments were thorough and filed in a timely manner. While this was a simple transaction, I fully expect the same level of effort on complex transactions. I highly recommend Mr. Phelps for legal needs.
Lance Weber
Kent has ideas and solutions that were very valuable to us. I have recommended Kent and his firm to many of my associates.
Fred Buck
Kent is an exemplary advocate for his clients. It is an honor to have worked with him and witness his high ethical standards.
Kenneth Shapiro

Upcoming Seminars

Peace of Mind Through Proper Estate Planning  

Presented by Attorney Kent Phelps

Monday, March 16, 2020

6:30pm

Sullivans Steakhouse
1785 East River Road
Tucson, AZ 85718

(Dinner Served)

SEMINAR FULL - Call (833) 927-1031 to get on the wait list

Peace of Mind Through Proper Estate Planning  

Presented by Attorney Kent Phelps

Tuesday, March 24th, 2020

6:30pm

Sullivans Steakhouse
1785 East River Road
Tucson, AZ 85718

(Dinner Served)

SEMINAR POSTPONED DUE TO COVID-19 - Call (480) 771-0707 to be first in line for the reschedule!

Start your estate plan with a free consultation from our Arizona estate planning attorneys.

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