It’s hard to lose a loved one. Unfortunately, our laws can make the process of transferring property from the deceased to the rightful owners difficult. If there is no dispute or contest among heirs and beneficiaries, we can help you administer your loved one’s estate and help you transfer the deceased’s property accordingly.
What is Probate?
Administering an estate often requires a probate, which is the process of gathering the deceased’s assets, paying off the deceased’s creditors, and transferring any remaining assets according to the deceased’s Will or Arizona law (if the deceased did not have a will). In Arizona, most probates, even if the deceased did not have a Will, can be handled without having to go to court. We typically charge $2,500 plus third-party fees (filing and recording fees, notice publications fees, etc.) to help you through this process. The legal fees are due upfront, though they can come out of the deceased’s estate (before other creditors are paid).
Is a Probate Always Needed?
Some estates in Arizona can be administered without opening a probate. If the deceased had less than $100,000 in real property (as valued by the County Assessor) and less than $75,000 in personal property, the estate can be handled using the easier Small Estate Affidavit process. Fortunately, non-probate transfers (usually life insurance death benefits, 401K and IRA assets, Payable on Death and Transfer on Death accounts, etc.) do not count toward the $75,000 personal property limit. For estates that qualify for the Small Estate Affidavit process, we typically charge $1,000 to prepare the required affidavits and will be available to answer your questions to help you navigate through the process.
If your loved one recently passed away and you need help to transfer the deceased’s accounts and assets, please contact us for a free phone consultation. We are here to help you and your loved ones during this difficult time.