Probate & Estate Administration

Probate Partners You Can Trust

The death of a loved one is difficult, but much harder when there are disagreements over a will or trust. Everyone involved worries not only about the outcome, but also their relationships with the others involved — not to mention fear that the cost of litigation will deplete the assets of the estate.

In an ideal world, probate matters are resolved smoothly and efficiently, but it isn’t uncommon for a loved one’s estate to end up in litigation. Fortunately, you don’t have to go through the probate process alone — Guidant can help you navigate the lengthy and difficult set of steps required to administer your loved one’s estate.

With a deep understanding of Arizona’s elaborate probate law and extensive estate administration experience, we can help your family resolve a variety of difficult matters:

  • Initiating probate and proving the will
  • Obtaining letters of administration
  • Posting or waiving bond
  • Providing notice to inheritors and creditors
  • Gathering and inventorying assets
  • Managing and preserving the estate
  • Setting aside community property
  • Distributing estate property

And, when disagreements arise, we help clients to address:

  • Dying without a will (intestate)
  • Disputes over a will or trust’s validity
  • Clarifying ambiguous language
  • Executor or trustee accused of violating fiduciary responsibilities
  • Spousal rights proceedings, including prenuptial and postnuptial agreements
  • Kinship proceedings
  • Claims proceedings from business partners, investors and creditors

We’re here to protect your interests and see your family through an incredibly difficult time. Contact us today for a free consultation.

Yes. Most estates in Arizona must go through the probate process, and Arizona has a lengthy and often difficult set of steps to follow when handling the administration of a loved one’s estate. Almost everyone leaves assets behind when they die, and even if there’s an estate plan in place, most estates will have to go through probate before loved ones can gain access to assets.

If there are no estate planning documents, your loved one’s estate could get tied up in Arizona probate court for a long time. Our probate attorneys have the experience, resources, and dedication to see you through all the necessary steps, and our legal team is ready to help you during any stage of the probate process.

Probate is the legal process through which your debts are paid and your assets are distributed according to your Last Will and Testament. The primary objective in probate is to make sure creditors have been paid. Once that has been accomplished, the remaining assets from the estate are allocated to the appropriate legal beneficiaries. There are three major obstacles with the probate process: time, money, and privacy. Arizona probate proceedings can be costly and time-consuming, and the entire proceeding is public record.

A living trust, when properly utilized, will help you avoid the pains of Arizona probate because your assets are funded into the trust throughout your lifetime. Living trusts are agreements created to help you ensure distributions to beneficiaries, save estate tax, and establish a long-term distribution plan for your loved ones. Probate can be a costly, time-consuming and frustrating experience for your family, but it doesn’t have to be. Let our experienced probate attorneys guide you through this difficult process.

Probate can be a slow process, as the estate’s personal representative (executor) must take many actions before loved ones can gain access to the estate’s assets. In Arizona, the personal representative must provide notice to inheritors and creditors within 30 days of death. Once creditors have received notice, they have four months to present a claim against the estate for unpaid debts before the probate is closed.

In some scenarios, the Arizona probate process will take five or six months to complete. For others, probate can last six to eight months. When estate litigation is needed, the process can last more than a year.

Most people believe that having a Last Will and Testament will help them avoid probate, but that simply is not true. While a will is an important part of estate planning, there is one major drawback to having all your property passed under its terms. Generally, your property will have to go through probate before your loved ones can gain access to it. Moreover, wills are often contested for a variety of reasons. Finally, a will won’t do any good for your loved ones if they aren’t aware one exists or where to find it. So, in short, a Last Will and Testament is not enough for your estate to avoid probate.

Per ARS 14-3108, probate shall not be commenced more than two years after the descendant’s death, with a few exceptions. But because the Arizona probate process can be extremely time-consuming, it’s important to contact our experienced probate lawyers right away to allow sufficient time for completion.