Leary & Wence, PC
Summary
Main Office
4300 N. Miller Rd. Suite 213
Scottsdale,
AZ 85251
480-388-3172
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Main Office
4300 N. Miller Rd. Suite 213
Scottsdale, AZ 85251
Understanding Arizona Probate LawProbate is the process of proving a will is valid and legal and distributing the decedent's property (whether or not there is a will).
Understanding Arizona Probate Law
Probate is the process of proving a will is valid and legal and distributing the decedent's property (whether or not there is a will).
The process includes identification of assets and liabilities, financial reconciliation and the fulfillment of the wishes of the deceased. If portions of the will are contested, the process can include probate litigation.
Steps to Probating a will in Arizona
Leary & Wence, PC can assist you with all aspects of Arizona probate law.
If you are involved in the administration of a will, there are three steps you should understand.
Petition
This is your request to the court to probate a Will and appoint a Personal Representative (also known as an Executor or Executrix).
Leary & Wence, PC prepares petitions for clients who have an interest in the estate of the deceased.
Inventory
This step involves a thorough accounting of the estate and can be the most labor-intensive part of the probate process.
Leary & Wence, PC can assist you with preparing estate inventories that can settle the estate smoothly.
Final Settlement
Final settlement closes the estate and distributes the assets.
Our firm guides clients through the final settlement of the estate in the most cost efficient and least time consuming manner possible so that the assets of the estate can be distributed to the heirs expeditiously.
Arizona recognizes three types of wills:
- Holographic or handwritten wills in the testator’s handwriting
- Attested wills
- Self-proved wills with an additional acknowledgement
Any person 18 years or older may execute a will. There is no statutory requirement that a person be of “sound mind”. A will executed in another state or country may be probated in Arizona.
Arizona recognizes express trusts, private trusts and charitable trusts. Arizona also recognizes trusts for the care of pets and domestic animals. Arizona allows for the representation of beneficiaries by the trustee in any proceedings to probate a will.
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