Arizona Probate: Is it as bad as we hear?
Arizona probate is not always as bad as we hear because the process was simplified in our laws, making it less expensive than other states. It is certainly better than probate in California where lawyers and attorneys have a sweetheart deal in the statutes to take a percentage of the estate.
Fees for the probate of a house in Arizona would be no more than a couple of thousand dollars. Fees for the probate of the same house in California could be double, triple, or more depending on the total value of the house. Consequently, price alone is insufficient to avoid probate in Arizona.
The bad news is that:
- Arizona probate is still public, where greedy snoops pour over records looking for easy targets on which to prey.
- You still can't do much to stop a person from challenging a will in probate court, so family members are more likely to challenge a will in probate court.
- When challenged, the probate of a will is expensive.
- It will still take your family and loved ones at least 6 to 8 months to complete an easy Arizona probate.
- It is usually a bigger and more time consuming administrative burden.
These things are not always a problem or even a concern for every person or every family when:
- There are few assets or the person(s) receiving them is responsible;
- The family is harmonious; and
- Someone has the time to dedicate to the probate process.
The bottom line is that Arizona probate should be a personal decision. Clients that want a living trust are usually thinking of the family they are leaving behind. So, their choice for a living trust isn't saving money, it isn't privacy, but rather it is usually the comfort and assurance that they are not leaving a burden for their family.
I have had occasion to speak with clients or friends that have probated a will and acted as trustee to a trust. When asked to compare the experiences, every one of them has said the trust made it straightforward and seamless after death. The probate was difficult and long in comparison. Consequently, I believe that when appropriate, a living trust is justified to make the process simpler for the ones you leave behind. I disagree with other Arizona attorneys that always recommend a living trust.
Moreover, if the assets include a home, personal belongings, a small bank account, and maybe a car, then it may be possible to avoid probate with a solution that is less expensive and easier than a trust. I love to recommend that solution when it is appropriate.
As usual, I recommend that everyone consult with an Arizona lawyer dedicated to estate planning and probate lawyer.
- Dedicated to estate planning and probate--so you get an appropriate plan that works.
- An Arizona lawyer--so you get the right advice for our state.
What you do not know can cost you. Unfortunately, clients come to me when no planning or inadequate planning was done. It frequently costs more and is upsetting at a difficult time.
If you have questions about your situation, my consultations are free and my offices in Gilbert and Chandler are conveniently located for clients in Mesa, Tempe, Sun Lakes, Phoenix, Chandler Heights, Higley, Queen Creek, and Apache Junction.
