Probate Law
Probate is a procedure whereby the Court monitors the distribution of a decedent's assets to their heirs. The estate of a person with a will (i.e. "testate") or without a will (i.e. "intestate") is still administrated by the court, but probate is not necessary in every case. Essentially, there are three types of probates in Arizona, informal, formal and supervised. Many Arizona probates are eligible for informal probate. However, contested estates are usually resolved in a formal probate, which can include court hearings, depositions, motions, discovery and a trial.
With such a transient society many people own property in several different states. If a personal representative has been appointed by the court of another state (where the decedent was domiciled) then the personal representative may collect an Arizona asset by one of three methods, depending on the circumstances: (1) collection by affidavit; (2) filing a certified copy of the appointment and complying with Arizona bond requirements; and (3) ancillary administration.
To learn if your loved one's estate must be submitted to probate or to deal with property owned in Arizona by the decedent of another state please contact us to set up an initial office conference with one of our attorneys.
- Guardianship/Conservatorship
In Arizona a guardian may be appointed by the court to make personal, health care and living arrangement decisions for a minor or an incapacitated adult and a conservator may be appointed by the court to make financial decisions. Both proceedings are usually conducted simultaneously by the Court and one person may act as both guardian and conservator. A guardian has powers and responsibilities similar to those of a parent or a minor child, except a guardian is not legally obligated to contribute to the support of the ward (i.e. the minor or the incapacitated person). Essentially, the guardian is responsible, among other things, for making appropriate arrangements to ensure the ward's personal needs (such as food, clothing and shelter) are met.
As a guardian and conservator you have many responsibilities and duties to the ward and the court. If you fail to properly carry out such duties you may be subject to personal financial liability for any financial losses. You may also be subjected to other penalties imposed by the court, including but not limited to, your removal as guardian and conservator. To find out if a guardianship/conservatorship is necessary in your situation please call us to make an appointment to discuss your matter with one of our attorneys.