Probate and Estate Administration
When a loved one passes away, dealing with a court proceeding is often the last thing a family wants to face. Our firm helps Personal Representatives and family members navigate the Arizona probate process from beginning to end, allowing them to focus on their family rather than unfamiliar legal requirements.
We handle both informal and formal probate proceedings, including the appointment of a Personal Representative, required notices and publications, identifying and addressing creditor claims and debts, meeting court and statutory deadlines, and ultimately distributing estate assets and completing the administration.
Not every estate requires probate. When a person dies with relatively few assets, Arizona law may provide alternatives that allow family members to collect personal property or transfer real estate without unnecessary court involvement. We can help determine whether probate is required and, when it is, guide the Personal Representative through each step of the process.
Our goal is to remove as much of the legal and administrative burden as possible from a family that is already dealing with the loss of a loved one. We also work with financial advisors, accountants, tax professionals, and other professionals as needed to ensure the Estate is administered properly and in compliance with Arizona law.
Trust Administration & Counsel for Successor Trustees
We sometimes joke with our clients, “If you are angry with a particular child, make them your Successor Trustee.” Serving as a Trustee or Successor Trustee carries significant legal responsibilities and can require a great deal of time, work, and resources.
Although a properly funded trust can generally be administered without probate court involvement, avoiding probate does not eliminate the work, legal duties, or fiduciary obligations involved in administering a Trust. A Trustee performs many of the same functions as the Personal Representative of an Estate, but does so without the supervision of the probate court in most cases.
A Successor Trustee is required to step in when the “Trustor” of the Trust becomes incapacitated or dies. The Trustee typically must identify and safeguard assets, pay expenses and debts, address tax matters, provide required notices and information to beneficiaries, maintain accurate records and accountings, and ultimately distribute or manage assets according to the Trust.
The Trustee must protect the interests of all Trust beneficiaries, whether they are young, elderly, disabled, struggling with addiction, involved in litigation, or vulnerable to manipulation by an overbearing partner, to name just a few examples.
Trustees are “fiduciaries” and must follow both the Trust document and Arizona law. Mistakes can delay administration, create family disputes, and, in some circumstances, expose a Trustee to personal liability.
Our firm advises Trustees throughout the administration process, helping them understand their duties, satisfy legal requirements, work effectively with financial and tax professionals, and carry out the Trust’s instructions with confidence. As Trustee, you will do much of the heavy lifting, however, knowing what to do and when will alleviate a great deal of stress and anxiety that nearly always comes with this job.
