Probate Litigation Attorney in Scottsdale

Probate Litigation

Resolve disputes over the estate of a loved one.

Navigating Probate Litigation with Confidence

Losing a loved one is never easy, and dealing with the legal complexities of probate can make it even more challenging. When a person passes away, their estate often goes through probate—a court-supervised process that ensures assets are distributed according to their wishes or state law. Unfortunately, this process can become contentious when disputes arise among beneficiaries, family members, or executors. Whether it’s a disagreement over the validity of a will, concerns about how a trust is being managed, or allegations of undue influence, probate litigation can quickly become overwhelming. If you find yourself facing a probate dispute, it’s crucial to have an experienced legal team by your side to protect your rights and ensure a fair resolution.

Notebook for probate litigation schedule with Kierman Law

What is Probate?

After a loved-one passes, the heirs must go through the court-supervised process of administering the decedent’s estate and transferring the decedent’s assets to the heirs. Sometimes family members agree on the interpretation of a loved-ones will and other times family members dispute claims.

Kierman Law is a trusted adviser. We provide legal opinions on the interpretation of a will, advise on all aspects of the probate process, help decipher financial exploitation issues, prepare all court-required probate filings and papers, and can assist in will challenges.

Probate Disputes Can Be Costly and Stressful

When an estate enters probate, conflicts can arise over:

  • Will Contests – Disputes over the validity of a will
  • Trust Disputes – Questions about how a trust is managed
  • Executor or Trustee Misconduct – Concerns about mismanagement or fraud
  • Undue Influence Claims – Allegations that someone manipulated the deceased
  • Breach of Fiduciary Duty – Failures by an executor or trustee to act in the estate’s best interest
Pros and Cons of probate

We Can Help

Probate a Will

Probating a will is the legal process of validating the will and ensuring the deceased’s assets are distributed according to their wishes.

Contest a Will or Trust

Contesting a will or trust involves challenging its validity due to concerns such as undue influence, mistakes, or lack of mental capacity

Ancillary
Probate Administration

Ancillary administration is necessary when there is a death of an individual in one state, and the decendent is in another.

Informal Probate

Informal probate is the simplest and
most cost-effective probate.

Small
Estate Administration

Arizona allows those without proper
estate planning to avoid probate if
the estate is small.

Frequently Asked Questions About Probate

Probate is the legal process of administering a deceased person’s estate. It involves identifying and collecting the assets of the deceased person, paying any debts and taxes, and distributing the remaining assets to the heirs or beneficiaries. The purpose of probate is to ensure that the deceased person’s property is distributed according to their wishes, as stated in a will or under the laws of intestacy.

The probate process is typically overseen by a court, and a personal representative or executor is appointed to manage the deceased person’s estate. This person is responsible for carrying out the necessary legal steps, including filing the necessary paperwork, providing notice to creditors and beneficiaries, and ensuring that all debts and taxes are paid.

In some cases, probate can be a long and complicated process, but it is necessary to ensure that the deceased person’s property is distributed in accordance with their wishes and the law.

Probate is usually required when a person has passed away and there is property that needs to be distributed to their heirs or beneficiaries. In most cases, probate is necessary when the deceased person owned assets in their own name, without a valid beneficiary designation or a transfer-on-death designation.

If the deceased person had a will, the probate process is usually initiated by the named executor or personal representative. If there is no will, the court will appoint an administrator to manage the estate.

In some cases, the probate process may not be necessary, for example, if the deceased person had a small estate with few assets, or if all assets were held jointly with a surviving spouse or had a valid transfer-on-death designation.

It’s important to note that the specific requirements for probate vary by jurisdiction, so it’s best to consult with an attorney to determine if probate is necessary in your particular case.

The probate process is a court-supervised procedure that is used to administer the estate of a deceased person. The purpose of probate is to ensure that the deceased person’s assets are distributed in accordance with their will or state law, to pay any outstanding debts and taxes, and to provide a process for resolving any disputes that may arise.

The following is a general overview of the steps involved in the probate process:

  1. Filing a petition with the court: The first step in the probate process is to file a petition with the court, typically by the executor or personal representative of the estate. This petition requests that the court appoint the personal representative and open the probate.
  2. Notice to interested parties: Once the petition is filed, notice of the probate proceedings must be provided to any interested parties, such as beneficiaries, creditors, and other stakeholders.
  3. Inventory and appraisal of assets: The personal representative is responsible for creating an inventory of the assets of the estate and obtaining appraisals of any real property or other assets as needed.
  4. Payment of debts and taxes: The personal representative must make reasonable efforts to pay any outstanding debts and taxes owed by the estate, including funeral expenses, administrative expenses, and any debts or taxes owed to the government.
  5. Distribution of assets: After all debts and taxes have been paid, the personal representative must distribute the remaining assets to the beneficiaries in accordance with the will or state law.
  6. Closing the estate: Once all assets have been distributed and any disputes have been resolved, the personal representative must file a final report with the court and request that the probate be closed.

It’s important to note that the probate process can be complex and time-consuming, and may involve legal and financial matters that are best handled by professionals. If you have questions or concerns about the probate process, it’s a good idea to consult with an attorney to ensure that the estate is being administered in a timely and efficient manner and that your rights and interests are protected.

Probate is required to ensure that the estate of a deceased person is properly administered, and to provide a legal process for distributing the deceased person’s assets and paying any outstanding debts and taxes.

Without probate, it can be difficult to determine who has the legal authority to act on behalf of the estate and to distribute assets to the beneficiaries. Probate provides a court-supervised process for resolving any disputes that may arise and for ensuring that the deceased person’s assets are distributed in accordance with their will or state law.

Probate also provides a mechanism for paying any outstanding debts and taxes, including funeral expenses, administrative expenses, and debts owed to creditors or the government. This helps to ensure that the estate is properly managed and that the beneficiaries receive their full inheritance without any undue delays or complications.

Additionally, probate provides a degree of transparency and accountability, as all transactions related to the estate are recorded and subject to review by the court. This helps to ensure that the personal representative or executor is acting in good faith and in accordance with the law, and protects the interests of the beneficiaries and other stakeholders.

In summary, probate is required to provide a legal and orderly process for administering the estate of a deceased person and for ensuring that their assets are distributed in accordance with their will or state law, debts and taxes are paid, and disputes are resolved.

Typically, you need a certified death certificate and Letters of Personal Representative to sell a house after someone has passed. The Letters are only obtained from a probate court. It is important to have the Letters before you list or sell the home, because you do not want to have to delay the closing to go through the probate process.

The cost of probate can vary widely depending on a number of factors, including the size and complexity of the estate, the jurisdiction in which the probate takes place, and the hourly rate of the attorney or personal representative handling the matter.

In general, the cost of probate can range from a few thousand dollars to tens of thousands of dollars or more, depending on the circumstances. Some of the expenses that may be incurred during the probate process include filing fees, attorney’s fees, executor’s fees, appraisal costs, and the cost of advertising to notify creditors.

It’s worth noting that there are also indirect costs associated with probate, such as the time and effort required to gather and organize financial and personal information, communicate with beneficiaries, and complete the various legal and administrative tasks involved in the process.

Given the potential costs of probate, it’s important for individuals to consider their estate planning options, such as setting up trusts, creating a will, or naming beneficiaries on their accounts, in order to minimize the costs and hassle associated with the probate process.

At Kierman Law, most probate cases are done on a flat fee schedule that ranges between $3,500 and $6,000.

The length of the probate process can vary widely depending on a number of factors, including the size and complexity of the estate, the number of beneficiaries, the presence of disputes or challenges, and the efficiency of the court and personal representative handling the matter.

In general, the probate process can take anywhere from several months to several years to complete. In some cases, probate can be relatively straightforward and take just a few months, while in other cases it can be much more complex and take several years to complete.

It’s worth noting that the length of the probate process can also be influenced by factors such as the availability of assets, the speed with which debts and taxes can be paid, and the need to sell property or other assets in order to pay debts or distribute assets to beneficiaries.

Given the potential length of the probate process, it’s important for individuals to consider their estate planning options, such as setting up trusts, creating a will, or naming beneficiaries on their accounts, in order to minimize the costs and hassle associated with the probate process and ensure that their assets are distributed in a timely and efficient manner.

At Kierman Law, we try to finish our probate cases within 9 months.

Yes, it is typically necessary to notify creditors during the probate process. The purpose of this notice is to give creditors an opportunity to make a claim against the estate for any debts owed by the deceased person.

The specific requirements for providing notice to creditors can vary by jurisdiction, but in general, the personal representative or executor is responsible for publishing a notice in a local newspaper or other publication, and for sending notice to any known creditors.

It’s important to note that the personal representative or executor has a legal obligation to provide notice to creditors in a timely manner, as failure to do so could result in legal consequences. Additionally, the personal representative or executor must act in good faith to pay debts and taxes, and to distribute assets to the beneficiaries in accordance with the will or state law.

If you have questions or concerns about the creditor notice process during probate, it’s a good idea to consult with an attorney to ensure that all legal requirements are being met and that the estate is being administered in a timely and efficient manner.

Yes, as part of the probate process, the personal representative or executor is generally responsible for paying the debts of the deceased person, as well as any taxes owed. This includes any outstanding bills, mortgages, loans, and other debts.

In general, debts are paid from the assets of the estate in the order of priority established by law. This may include funeral expenses, administrative expenses, debts secured by collateral, and unsecured debts.

It’s important to note that the personal representative or executor has a legal obligation to pay the debts of the deceased person, and to act in good faith to distribute assets to the beneficiaries in accordance with the will or state law. Additionally, the personal representative or executor must provide notice to creditors and make reasonable efforts to collect any outstanding debts in order to maximize the assets available for distribution to the beneficiaries.

If you have questions or concerns about paying debts during the probate process, it’s a good idea to consult with an attorney to ensure that all legal requirements are being met and that the estate is being administered in a timely and efficient manner.

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