Losing a loved one is one of life’s most difficult experiences. Amid the grief, you may suddenly face the overwhelming task of managing their final affairs. The process can feel confusing and isolating, especially when family disagreements arise or the path forward is unclear. Most don’t know where to start, and it’s not uncommon to have questions:
- What is a probate attorney?
- Do I need to hire one?
- Can I handle this process on my own?
A probate attorney is a licensed lawyer who guides the personal representative and other involved parties through the court-supervised legal process of settling a deceased person’s estate. Without one, you may feel lost, anxious, and frustrated trying to navigate a complex legal system while you’re still mourning.
At Theut Scaringelli & Kupiszewski P.L.C., we can be your experienced legal guide who takes you through the probate process. Let us bring order to the chaos and provide the direction you need.
Probate Attorney: What Do They Do?
The role of a probate lawyer is to simplify the complex legal process and confirm that they administer the deceased person’s estate according to Arizona law. Their responsibilities include:
- Filing the necessary petitions and documents with the appropriate Arizona probate court;
- Identifying, gathering, and creating an inventory of all estate assets;
- Notifying creditors of the estate and handling the payment of valid debts;
- Preparing and filing the decedent’s final income and estate tax returns;
- Managing the sale of estate property;
- Distributing the remaining assets to the rightful beneficiaries and heirs; and
- Resolving any disputes or will contests that may arise between family members.
Successfully navigating these tasks requires a detailed understanding of legal procedures and deadlines, which is why professional guidance is invaluable. The personal representative has a legal duty to act in the estate’s best interests. We can help them meet these obligations.
Why Would You Need a Probate Attorney?
While not every estate requires legal assistance, many situations can quickly become complicated. A probate attorney can help prevent costly errors and protect the estate’s assets from challenges.
You may benefit from legal counsel if the estate involves:
- Family disputes. If beneficiaries are arguing or someone is contesting the validity of a will, an attorney can help mediate the conflict and represent your interests in court.
- No will (intestacy). When a person dies without a will, Arizona’s intestate succession laws distribute their assets to the designated heirs.
- Complex assets. Estates that include businesses, out-of-state property, or complicated investments often require professional management to value and distribute them correctly.
- Creditor issues. If the estate has significant debts or creditors file claims against it, a lawyer can help negotiate these claims and ensure the estate pays only legitimate debts.
- Concerns of mismanagement. If you believe the personal representative is mismanaging funds or not acting in the estate’s best interest, an attorney can intervene and demand a proper accounting.
Hiring a probate attorney provides peace of mind that they will handle every detail correctly and efficiently, minimizing stress and potential liability for the person managing the estate.
Who Does a Probate Attorney Represent?
A probate attorney represents a specific person or entity involved in the process of probate, which could include:
- A personal representative. The attorney advises the executor or administrator on their legal responsibilities, helps them complete all necessary court filings, and defends them against any challenges.
- A beneficiary or heir. If an heir feels they are not receiving their rightful inheritance or suspects foul play, an attorney can protect their rights and challenge the will or the personal representative’s actions.
- A creditor. A person or business owed money by the deceased can hire an attorney to file a formal claim against the estate to seek repayment.
Because an attorney has a loyalty to their client, a personal representative and a beneficiary with a dispute would each need their own separate legal counsel.
Navigating Arizona’s Probate Courts with Decades of Focused Experience
When you are facing a contentious or complex estate matter, the experience of your legal counsel is critical. At Theut Scaringelli & Kupiszewski P.L.C., our practice is dedicated exclusively to probate, trust, and estate law.
Our history in Arizona dates back to the 1980s. We appear solely in the probate division of the Maricopa County Superior Court, which means we work with the same nine probate judges day in and day out. This focused practice gives us an unparalleled understanding of the local court system.
We have handled some of the most challenging probate matters in Arizona’s history, and we know how to resolve even the most chaotic family situations.
Get the Guidance You Need to Move Forward Today
Dealing with an estate can be emotionally and logistically draining. You deserve a clear path forward. Still wondering, what is a probate attorney, and do I need one? Contact our team today to learn how we can help you restore order and protect your family’s future.
