Probate

Practice Area - ProbateThe term “probate” refers to the legal procedure for the administration of a deceased person’s estate.  In many cases, probate is a quick and efficient way to transfer the assets of a person who has died (the “decedent”) to his or her heirs.  In other cases, the transfer of assets is best accomplished by the use of a trust or nonprobate transfers. For a more complete discussion regarding nonprobate transfers, please see Estate Planning in Arizona: What You Need to Know (Wheatmark 2008).

About 10,000 probate cases are filed each year in the state of Arizona. The basic philosophy of the Arizona Probate Code is to minimize court involvement.  It allows for the “informal” administration of most estates.  This means that, in most cases, the entire probate procedure can be accomplished without court supervision or involvement.  If an informal proceeding is not available or desired, the probate code provides for a “formal” proceeding.  In a formal proceeding, the court is directly involved in the probate procedure.

The attorneys at Loose, Brown & Hobkirk, P.C. have extensive probate experience, having initiated hundreds of probate cases.  Our attorneys are involved in all aspects of a probate case, from the appointment of a personal representative when the case is opened, to the distribution of assets, and finally to closing the estate when administration is complete.  The entire probate process is usually relatively speedy and inexpensive.  The firm’s attorneys also represent individuals in the probate court in the related areas of guardianship and conservatorship.

For your convenience, please see the following links for Probate forms: