Best Bankruptcy Lawyers in Queen Creek, AZ

Yes; validating a will is the central principle of probate. However, a will is an important part of any estate planning strategy. Your will allows you to name the person you trust to administer your estate, distribute your assets, care for your children, and more.

If probate is the process of proving a will is valid, probate litigation is what can happen if legal questions or issues arise during that process. Common reasons for probate litigation include:

Not all assets are subject to probate. For example, certain financial accounts may have a beneficiary designation, such as 401(k) and life insurance policies. Assets titled in the name of a trust are not subject to probate. Arizona also exempts certain assets from the typical probate procedure depending on their value. This includes real property valued at $100,000 or less and personal property valued at $75,000 or less.

Referred to as an executor in most states, the personal representative acts on behalf of the estate. He or she gathers assets, distributes property as directed, and pays creditors and any taxes owed to the IRS.

Probate opens when a person or organization files an application with an Arizona Superior Court. This is a request to be appointed as the personal representative and for the court to accept the will for probate.