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!