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Who Is Responsible for Handling Probate?

When a case goes into probate, typically the executor of the estate will oversee all aspects of the probate process. The executor is in charge of ensuring all of the wishes of the deceased person are carried out accordingly.

If, however, no will was created or the individual was unable to name an executor, the probate court has the authority to appoint a special administrator or a personal representative.

Duties of a Personal Representative

A properly drafted will should name the executor as well as alternate or successor executors. The executor can decline the position of personal representative. This will prompt the courts to name a different individual as the personal representative. If the individual’s estate does not need to go through probate, however, this may not be necessary.

Pursuant to Arizona laws, when someone has a will and testament, more often that not their estate will need to undergo the probate process. Smaller estates may not need to go through this process. Specifically, beneficiaries of the estate may be able to receive and distribute assets through a sworn affidavit. Also, there are many types of properties which the law may not consider as probate property. Insurance, as an example, is a type of non-probate property which can be paid directly to beneficiaries without the need for probate.

Have Questions? Contact Us!

If you have any questions about the probate process and estate planning laws in Arizona, please do not hesitate to contact Thies & Lihn, PLLC. We give our clients sincere, honest and direct legal counsel to help them overcome nearly every challenge that comes their way.

Call us today at (602) 900-9860!