Leary & Wence, PC
Firm Overview
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 testatorâs 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 âsound mindâ. 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.
4300 N. Miller Rd. Suite 213
Scottsdale
AZ
85251
- 480 388 3172
- 480-388-3175
- 480-388-3173
Gary F. Wence
Gary F. Wence
University of Arkansas JD, May 1982 Colorado State University BA, May 1979Admitted in the State and Federal Courts of:
Gary F. Wence
University of Arkansas JD, May 1982
Colorado State University BA, May 1979
Admitted in the State and Federal Courts of:
- Arizona
- Nebraska
- Colorado
- Arkansas
- U.S. Supreme Court
- 8th Circuit Court of Appeals
- U.S. Court of International Trade.
About Mr. Wence:
Mr. Wence has more than 27 years of experience as a commercial and general litigator; and as an advisor in business and corporate matters. During his career he developed over 10 years experience in international commercial transactions and dispute resolution. His experience in litigation includes plaintiff, defense, transactional representation and protection of intellectual property.
Before joining Leary & Wence, PC, Mr. Wence was a commercial litigator with the LaVoy & Chernoff firm in Phoenix, Arizona. Prior to that, Mr. Wence was a shareholder with the commercial law firm of McGrath, North, Mullin & Kratz in Omaha, Nebraska for 22 years.
Affiliations:
Mr. Wence is a member of the State Bar of Arizona and admitted to practice in both state and federal courts. He is a member of the State Bars of Nebraska, Colorado and Arkansas and admitted to the state and federal courts of those jurisdictions. Mr. Wence is also licensed in the U.S. Supreme Court and the U.S Court of International Trade.
- Bar Number: Attorney at Law
Arkansas , 1982 - Bar Number: Attorney at Law
Nebraska , 1983 - Bar Number: Attorney at law
Arizona , 2000 - Bar Number: Attorney at Law
Colorado , 2001
- University of Arkansas at Fayetteville School of Law
Juris Doctor , 1982
Fayetteville, AR
- Colorado State University
Bachelor of Arts , 1979
Fort Collins, CO
Erin Leary
Erin Leary has been practicing in the are of probate administration and litigation since 1984. She has experience in all areas dealing with wills, estates, claims by or against estates; and the distribution of assets to heirs.
- Bar Number: State Bar of Arizona
Arizona , 2000 - Bar Number: Nebraska State Bar A
, 1984
- Colorado State University
B.A. , 1978
Fort Collins, CO
- University of Arkansas School of Law
J.D. , 1983
Fayetteville, AR