Grant N. McKeehan, PLC

Scottsdale Probate Attorney

Handling Probate Matters in Scottsdale, AZ

Have you recently lost a loved one? Are you unsure as to what will come of their estate and personal belongings? The Arizona probate process deals with issues of this nature. At Grant N. McKeehan, PLC, you will find experienced and high quality legal counsel to help you deal with your loved ones' estate in the simplest, least stressful way possible.

When someone passes away, there is almost always some property or assets left behind that need to be settled through the probate court. Essentially, probate is the process in which the decedent's final debts are settled and the title of their property is passed along to their heirs or beneficiaries. During the probate process the division of assets will be under the careful supervision of the court in the county of the decedent's legal residence. The probate court in which property must pass through, is actually a division of the state court system

A good number of people establish a comprehensive estate plan with a will before they pass, but sometimes accidents happen unexpectedly and they pass on leaving little to no instruction for their loved ones. Whether the deceased left behind a will or not, you will benefit from the trustworthy legal counsel of a Scottsdale estate planning attorney from Grant N. McKeehan, PLC. The firm offers big city experience with a small firm feel and Attorney McKeehan stands ready to take on your case.

How is probate treated in the State of Arizona?

The probate process consists of sorting through the deceased's belongings and distributing their assets. Unfortunately, this is not as simple as it sounds- the matters of the estate must be handled in a way that still complies with Arizona law. Theses statutes are found in Arizona Revised Statutes § 14. During the probate process, all debts must be repaid to the decedent's creditors, validate the decedent's will (if there was one) and the property and assets of the estate must be distributed to the specified beneficiaries.

Estate Administration

If your loved one did leave behind a will, then they most likely appointed an experienced executor to carry out their will as they would have wanted it done. This part of the process is referred to as estate administration. If no executor was appointed and the deceased passed on without leaving a will (or dying intestate), then usually the court takes charge of the estate administration after someone passes. At this time they will appoint a personal representative (administrator) to perform the necessary duties. Essentially, an executor and an administrator have nearly identical rights and responsibilities under the law and they can both be seen as the personal representative for the deceased.

Testing the Validity

The root word for probate is "provar", which means "to prove" in Latin. Essentially, the probate process is a time for the court to ascertain whether or not the decedent's will is valid or not. Once the will is probated, it is then considered to be public record and can be inspected by anyone.

Types of Probate

In the State of Arizona, there are three different probate routes that can be taken: informal probate, formal probate and supervised probate. With informal probate, the expenses are less and the court has the least amount of involvement in the process. With both formal and supervised probate, the costs have a tendency to be higher, as well as more court involvement.

Steps of the Probate Process

The basics steps of the probate process can be broken down into three parts.

  1. The collection of all the assets and they take inventory and then appraise everything that is subject to probate.
  2. Ensuring that all bills, taxes, estate expenses and any other debts of the deceased are paid off before anything is distributed.
  3. When the executor/administrator formally transfers the title of property to the entitled beneficiaries in the will. If there is no will, then they must abide by the state laws of intestacy succession.

Watch Videos About the Probate Process

What is Probate?

Why Do I Need a Probate Attorney?

What is an Executor?

What Happens If There Is No Will?

Need an attorney for your probate case in Scottsdale, AZ?

Probate can be complex and frustrating if you are not familiar with the laws and state requirements. That is why many executors call upon the expertise of an estate planning and probate attorney to help guide them through it. Remember that you are not alone during this difficult time. Attorney McKeehan at the firm has extensive experience with the probate process and the estate administration process. He is also competent in drafting complex legal documents including wills, trusts and powers of attorney.

Contact Grant N. McKeehan, PLC

Let Mr. McKeehan provide you with the experienced legal guidance that you need and deserve. If you are facing the probate process, please do not hesitate to contact Scottsdale probate attorney Grant McKeehan from the firm today. He can also help you with probate avoidance. Call the firm today to discuss your case!

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Grant N. McKeehan, PLC - Scottsdale Estate Planning Attorney