FAQ

If your family member or loved one passed away while living in Arizona, there is a good possibility that their estate will be administered in Arizona. Accordingly, reaching out to an Arizona attorney is a good place to start. Our Trust & Probate attorneys regularly work with out-of-state individuals, and despite the distance, with the assistance of regular phone, video, and email conferences, are able to ensure that our clients are well informed every step of the way. In many circumstances, most if not all of the probate administration can be handled by your Arizona attorneys without requiring you to come to Arizona.

Probate is the process of legally passing assets from a deceased person to their heirs or devisees. Probates may occur with or without a will. The individual tasked with completing a probate is referred to as the “Personal Representative.” During the probate process, a probate court will supervise the Personal Representative’s administration of the estate.

Probate may be required when the decedent has assets that did not automatically transfer upon their death. If the decedent’s real estate is valued at less than $100,000, and their personal property is valued at less than $75,000, a small estate affidavit may be available as an alternative to probate.

If the decedent had a will, they may have already elected a Personal Representative in their will, in which case, the nominated Personal Representative will likely admit the will to probate. In instances where there is no will, there may be multiple individuals who can open a probate, depending on their respective relationships with the decedent, as well as the surrounding circumstances. Tiffany & Bosco P.A.’s Trust & Probate attorneys, once learning more about your specific circumstances, will be able to provide a tailored course of action and help you determine whether a probate is needed, and if so, who should initiate it.

Generally, Arizona law requires valid paper wills to be in writing, signed, witnessed by two individuals, and notarized. Additionally, Arizona is one of a growing number of states that recognize electronic wills, which may be valid under certain circumstances. Arizona also recognizes holographic wills, which may still be valid without witnesses if they are written in the testator’s handwriting.

Wills and trusts are both helpful estate planning documents that determine how someone’s assets should be handled. Although wills and trust frequently serve different purposes, it is common for wills and trusts to work together to complete a comprehensive estate plan. One of the main differences between wills and trusts is when they take effect. A will is effective only after you die, whereas a Trust can be effective as soon as it is created.

In Arizona, the individual responsible for carrying out the wishes of a decedent through the probate process is called a Personal Representative. In some other states, a Personal Representative is referred to as an “Executor” or “Executrix.” A Personal Representative must be appointed by the court in order to validly exercise authority. Once appointed, the Personal Representative owes fiduciary duties to the heirs, devisees, and even creditors of the decedent.

A Trustee is the individual or entity responsible for carrying out the terms of a trust. Similar to a Personal Representative, a Trustee also owes fiduciary duties, which in the instance of a trust, include the trust beneficiaries.

If you are named in a will or a trust, you are likely entitled to receive a copy or relevant portions of the document so that you can ensure your rights are protected. If someone is refusing to provide you with a copy of a decedent’s will or trust, this could be an early sign of improper administration. You should consult an attorney about whether you are entitled to receive the document and how to go about ensuring that you do ultimately receive the information to which you are entitled.

When a person dies, his or her estate is responsible for settling debts. This is typically done by liquidating the estate assets. Arizona law provides specific deadlines which creditors must be notified in writing of the decedent’s death, and by which creditors may attempt to collect what they are owed. If you are serving, or seeking to serve, as Personal Representative for someone’s estate, it is important that you strictly adhere to the pertinent creditor’s statutes.

When someone dies with or without a will, there are certain statutory allowances and exemptions intended to help provide for the decedent’s surviving spouse and children. If applicable, these statutory allowances – the homestead allowance, family allowance, and exempt property allowance - have the highest level of priority, even above paying creditor claims. However, if the surviving spouse or children receive more than the statutory allowance or exemption amounts through some other mechanism, the statutory allowances and exemptions may not be applicable.

A beneficiary deed, sometimes referred to as a “Transfer on Death Deed,” allows real property to be automatically transferred to a new owner when the current owner dies, without the need to go through probate.