Probate Law Mesa
Article provided by: Brentwood Law Group
Do you need a lawyer who understands probate law in Mesa? At Brentwood Law Group, our lawyers and paralegals know probate law like the backs of our hands. Contact Brentwood Law Group for a free consultation to discuss your circumstances, options, and best steps forward.
Brentwood Law Group can tell you everything you need to know about probate law in Mesa. We’ll take the time to learn about your situation, advise you, and offer our legal services should you require them.
What is Probate?
Probate is a court proceeding that is sometimes necessary when someone has passed away, and it needs to be clarified who will receive what property. If someone dies without a will, then we will have to file probate if they have certain assets. Some people don’t realize that, even if the person who died had a will in place, we might still have to probate the person’s will and estate. Why? Because the will doesn’t actually transfer upon death. For example, think about your home. You obtained your home by way of a deed, not by way of a will, and your heirs can’t take that will down to the Maricopa County Recorder and have the house transferred over to them.
Informal Probate vs. Formal Probate
In cases like these, we often have to file an informal probate. These are very common in Mesa and Phoenix, AZ. The informal probate is very much a part of what we do if there is a valid will. Informal probate is a much more streamlined probate than a formal probate is.
If a person dies without a will, we typically have to file a formal probate, which is a lot more complicated than an informal probate. What’s the problem? For example, let’s say a person dies single with three children. Now, we have to figure out who among the three children is going to be your personal representative. If there is no will in place, it might get messy trying to figure out who this is going to be. The other two children will have to sign something agreeing to step down. Disputes often arise in situations like these.
Is There Any Way to Avoid Probate Law in Mesa?
There are some ways that we can avoid probate in Mesa. If the person who dies has a beneficiary deed, we might be able to avoid probate. A beneficiary deed is signed during the deceased person’s lifetime, and it clearly stipulates who is going to receive a home after the person has passed away. If the person who died has a transfer or death or payable on death designation for such things as bank accounts, stock brokerage accounts, 401ks, life insurance, and other similar things, we might be able to avoid probate.
Sometimes, infighting, conflicts, and disputes are unavoidable with families when a loved one passes away. In either case, you will probably need an attorney who is an expert in probate law in Mesa. Contact Brentwood Law Group to get started.