Article provided by: Brentwood Law Group
Did you know that there are several different types of probates in Tempe? If you need a probate lawyer to help you make sense of the sometimes complicated probate law in Tempe, or if you need a lawyer to help you in your probate case in Tempe, contact Brentwood Law Group for a free consultation. Here, you will find the most experienced probate lawyers in Tempe. We know probate law, probate court, and probate judges in Phoenix like the backs of our hands.
Brentwood Law Group provides free consultations for people who are interested in our services. All you have to do is give us a call. We'll gather a little bit of basic information over the phone and set an appointment for your free consultation at a time and date that is convenient for you.
Should I Open Probate?
A lot of people think that, because someone has passed away, they need to initiate probate automatically. However, you only need to open probate if the deceased person has left assets that are open to probate. Stated in a different way; You don't have to open probate for non-probate assets. Non-probate assets would be assets that are held in the name of a trust or assets that are held in joint tenancy with right of survivorship.
For example, there might be multi-party bank accounts, and under Arizona law, if the accounts don't specify otherwise, the accounts will automatically go to the person's survivors when the person dies. Assets that already have a designated beneficiary, such as life insurance or pay on debt designations on bank accounts, are non-probate assets.
Understanding Probate Law in Tempe
Assuming that there are probate assets, there are different types of probate. The first kind of probate is Small Estate Probate Law in Tempe. This kind of probate usually doesn't involve opening probate at all. You can administer small estates simply by submitting an affidavit. There are three different small estate affidavits that can be submitted. The surviving spouse can claim up to $5k of the wages of their deceased spouse.
The most popular kind of probate is known as Informal Probate, where you are able to submit an application to have a personal representative appointed and a will admitted to probate, or if there is no will, have the probate registrar declare that the person died intestate.
In cases where you only have a copy of the will or when you anticipate that there might be a contest over which was the last will, then you need to file a formal probate or a petition for the appointment of a personal representative. This involves setting a court hearing and having any contestants or beneficiaries that have different wills or different views present their wills or their positions on the validity of the last will.
If you need a lawyer who is an expert in Probate law in Tempe, contact Brentwood Law Group today. Here, you will find experienced probate lawyers. Call and schedule your free consultation today.Probate Law Tempe
View Larger Map