Usually, loved ones of the decedent need to go to probate court if the decedent did not create a will prior to passing away. In most cases, without a legal document that details how a person wishes to divide or disperse their assets and property, the estate can be held up in probate for months before assets can be distributed to family members. Having a will may make the process much easier for survivors once the will is validated by the courts.

Arizona Probate

In the state of Arizona, if the estate contains probate-able properties and if the value is significant enough, there is no way to avoid going through Arizona probate.  According to Arizona probate, probate-able estate would have to be worth $50,000 or more. If the value is less, the family would still need to wait a minimum of six months to file an affidavit to collect the assets of the decedent. In order to speed up this process and avoid waiting the six months, you would have to file a regular probate.

In Arizona, it is more likely than not the estate will go through Arizona probate whether or not the decedent created a will. Having a will would just make the process of distributing assets of the estate a much easier process.

There are some properties that do not require the court to administer distribution of property that is held in joint tenancy with right of survivorship.  Real property held in community property with right of survivorship, insurance policies passed directly to the beneficiary named on the policy, other assets with named beneficiaries (IRA, Retirement accounts, bank accounts, etc.) Accounts held jointly will automatically pass to the survivor. Properties held in the name of a Trustee (The trustee administers the distribution of assets held in a Trust).

Arizona Probate Timing

Arizona probate usually takes approximately six months to settle, provided that everything is in order and all assets and liabilities are accounted for and relatives are not contesting the will.  It is up to the  personal representative, appointed by the Arizona probate court to administer and transfer some or all of the assets to the beneficiaries according to the will or the by the law.

There are three types of probate proceedings in Arizona probate. Informal proceedings, formal proceedings, and supervised proceedings. The main difference between the three is the extent of the court’s involvement and supervision in the process. The more involved the court is required to be with the probate; the more costly it is for the beneficiaries. Informal probate is ideal for the estates where the will are uncontested and meet certain criteria’s. Whereas formal probates are for those that does not meet the necessary requirements of an informal probate or if the will is being contested.  The supervised probates are for estates that require a lot of time since the estate is more difficult. This may include the need to liquidate all real property.

To ensure that your loved ones and survivors avoid a long drawn out process in Arizona probate, it is wise to be well organized and have all your assets and liabilities accounted for. This prevents the representatives from having to complete an extensive time consuming search of all assets and liabilities of the estate.  Be sure to detail all distributions to each family member or beneficiaries. The less time Arizona probate representative have to

What is a notary public? It is an individual who has been appointed by a government agency to witness, record and certify legal documents of varying types. When you have a legal form that needs to be notarized, you will take your form to the notary and sign it in front of him or her as part of their duty is the witnessing of your actual signature. Notaries can witness myriad legal documents, ranging from acknowledgements, affidavits and oaths of office. Legal documents benefit from the services of a notary public as they act as a witness to the validity of your signature. The services that a notary public are authorized to provide and witness can vary by state so you will want to check with your legal professionals in your particular state.

To have a document “notarized” you will have to personally appear before him or her with proof of your identity – typically a photo identification such as a drivers license is sufficient. The notary will witness you signing the form in front of them and will then put their legal seal, or stamp, on the document. In some cities, there are mobile notary services available which can save you the time of going to an office where a notary might be on staff. You can typically find a notary in lawyer’s offices and many banks.

The fees charged by a notary also vary from state to state and could vary based on the type of document that you need notarized.

To become a notary an individual will have passed a written examination to show they understand the rules and regulations that govern their abilities to witness and place their seal on your legal document.

Whether you prepare a living will or living trust on your own or hire the services of a professional, you will need to employ the services of a notary public, and I just so happen to be one. Whether you’re in Gilbert, Tempe, Chandler, Mesa…nearly anywhere in the valley…I can assist you with your notary.

End of Life Care

Just the term “end of life care” brings chills to the spine. When you bring up the subject, people instantly go on the offensive or change the subject. Finding the courage and strength to face this discussion head-on is the responsible thing to do in order to take care of family while you’re sick and after you leave.

Advance Directives

You might know exactly how you want your assets distributed after you’re gone. Your friends and family might know exactly what you want, what to do with your assets and finances, what charities to donate to, and who’s going to take care of the pets. In the legal arena, it doesn’t matter who knows what and how well they know it, if there is no legal documents stating the end of life plan, all of that knowledge means nothing.

Advance directives, technically speaking, are “written (legal) instructions regarding your medical care preferences.” If you should fall into a coma, or are not able to speak for yourself and represent yourself in matter of your finances and assets, if there is no legal document stating your wishes there is no legal right that anyone has to help you out.

Arizona Living Will

I cannot stress how important it is to have an Arizona living will. This legal document, written up by a professional such as an attorney, will state all of your final wishes in a legal format. In terms of end of life care, this legal document will state what life-sustaining measures you want and don’t want, and what treatments you accept and deny. If you cannot speak for yourself, this document does all of the work for you.

Arizona Medical Power of Attorney

You want to put your family first when considering end of life care, but in this one circumstance you’ll need to be thinking of yourself first. By designating an individual, usually a family member, to make the tough medical decisions that you’re not able to make in the case of a coma or worse, you are not only protecting yourself you are also protecting them. By placing them in charge of your medical decisions, they should be familiar with your living will and your final wishes.

Keep in mind that a medical power of attorney will not allow that person to make financial decisions for you, which brings us to our next topic:

Arizona Living Trust

A living trust will protect your assets, and it crucial to including in the end of life care discussions. This is one of those legal documents that often gets overlooked when considering powers of attorney and living wills, but it’s just as important. Should you fall into a coma or are not able to  speak for yourself, or worse, this living trust will protect your assets and keep your family out of probate court.

Because living wills are important documents, it is crucial that they are not only filed properly but should be checked by an attorney to make certain it is filed legally.

Any individual who lives in Arizona can create a living will as long as he or she meets the legal requirements which include, the person putting together the will must be an adult and the will must be created in writing. The wishes of the individuals must be clearly spelled out and the document must be signed, dated and witnessed by a notary public.

When it comes to the healthcare providers’ responsibility as it relates to a living will, the terms are spelled out in Arizona’s Revised Statutes section 36-3204. Physicians are protected from any liability for having administered or denied treatment as long as the stipulations of the living will were followed. Physicians are protected under law as well from having to deny or administer treatments that go against their ethical codes but in that instance they must arrange to transfer the patient to a doctor that will abide by the provisions of the patients’ living will.

The individual who pens the living will can also designate a healthcare proxy – a healthcare surrogate – to act on his or her behalf. The proxy acts on behalf of the patient in the event he or she is unable to speak on his or her own behalf.

A living will is not written in stone and the individual who created it can revoke it at any time. The revocation of the living will must be done in person and needs to be notarized and witnessed. The patients’ physician must also be notified of the revocation as should all other individuals involved in the living will.

Many people opt for living wills to relieve the burden from their family of having to make tough decisions at the time the patient is incapacitated and it relieves the burden from them of having to wonder what exactly their loved one would have wanted.

As part of drawing up the Arizona living trust, a trustee is chosen. The trustee will administer the assets of the trust. You can choose a family member, friend or even your law firm or attorney to be the trustee. Once the trustee has been chosen he will be in possession of the legal title of the property on behalf of the person who will eventually be the beneficiary.

Because the living trust is drawn up while the owner of the property or asset is still living, it can benefit the beneficiary immediately. Bear in mind that living trusts are revocable in nature – meaning that the owner of the property can make changes to the document at any time.

Much like a will, the trust can be utilized for any type of property and offers the property or asset owner myriad options for its distribution. To work properly, the property must be transferred from the owner’s name into the name of the living trust.

The benefits of a  trust are numerous including the fact that the property that’s been transferred to the trust will not be subject to probate and this can save your heirs time and money. An individual can also manage his own living trust while making provisions for another individual to serve as trustee when the property owner is no longer able to do so.

A level of privacy is also offered to the holder of a living trust; the reason for that is that the assets will not be made public once the property owner passes away. The estate, its value and its individual holdings will remain private.

Individuals with large estates are partial to living trusts because of the fact that the heirs are saved the expense of probate and can maintain their estate’s privacy after his death.

While it is possible to draw up a living trust without the aid of an attorney, it is advisable to have a legal professional look it over to make certain both you and your assets are properly protected.