A loved one’s passing is an understandably stressful time. In addition to grieving for a loved one, individuals often find themselves in the position of being responsible to manage their love one’s final affairs. When it comes to the legal aspect of handling a love one’s affairs, Abigail Neal is the probate attorney Scottsdale residents can rely on.
The first step in handling the legal aspects of a deceased loved one is to obtain death certificates. These may be needed by the bank, insurance companies or others, and may be required to transfer title of assets, depending on how the assets is titled.
The next step is determine if the deceased left a Will, and if so, to locate it. While a copy of a Will can be used in probate, it requires a more in depth procedure. If the deceased left a Will, the original will be needed to take advantage of any streamlined probate procedures.
Next, try to gather all of the deceased person’s important documents like bank statements, insurance policies, investment account statements, invoices from creditors, property and vehicle titles, tax returns, trust agreements, court documents and so on. This will help when determining the assets and debts of the estate.
At this point, it may be helpful to call a probate attorney. While not all estates require the assistance of a probate attorney, a probate attorney can discuss the different types of probate procedures, and what is most appropriate for the estate. There a number of different legal procedures that are available:
Transfer by Affidavit: For “small estates”, as defined as those having $75,000 or less of personal property and/or $100,000 or less in real property, a simple Affidavit procedure may be all that is necessary. Read more about Arizona small estate probate affidavits.
Informal Probate: The best case scenario if probate must be opened. Informal probate only works when all of the heirs get along, and can agree who should be appointed to administer the estate. This is a streamlined procedure that usually doesn’t require any court appearances. However, all required notices must be sent and there are deadlines to be aware of. People often hire a probate attorney to assist with informal probate. Learn more about informal probate.
Formal Probate: This is a much more involved probate proceeding. It does include court appearances, and may evolve to full blown litigation. It is highly recommended that people going through formal probate hire a probate attorney.
Supervised Probate: This is a hybrid of the informal and supervised proceedings. In this type of proceeding, the court is more involved with the case than in an informal probate, but the personal representative has the same duties and powers as one who is not supervised.
For Scottsdale residents, there really isn’t a convenient court house where you can file documents. A good probate attorney should handle all court filings, without the need for you to drive to court over and over again. A probate attorney will also make sure all required notices are sent and all deadlines complied with. Finally, by hiring a probate attorney, a person can leave the legal aspects to a person’s passing to someone else, and focus on healing during a difficult time. Powers & Neal is the probate attorney Scottsdale residents know they can count on for effective, compassionate and cost effective legal representation.
Call 480-699-7992 today for a probate attorney Scottsdale, Arizona can rely on for cost effective probate legal counsel. At Powers & Neal we believe in providing quality probate services for those seeking effective legal representation. Call 480-699-7992 now to make an appointment today.