“Do I need a probate attorney?”

Some things to consider

Settling a loved one’s estate can be an overwhelming task, but you don’t always have to hire an expensive probate attorney.  If the decedent was a resident of Arizona when he/she died, then you may be eligible for a less expensive, informal probate.  To qualify for an informal probate, it must be less than two years since date of death, so don’t wait too long to determine whether probate is necessary.  If you’re worried about money, the cost of hiring someone to assist with the probate can be paid from the decedent’s estate.

If you qualify for an informal probate, then someone like Arizona Probate, LLC may be able to assist you at a much lower cost and in a more timely manner than a probate attorney.  Arizona Probate, LLC is owned and operated by an Arizona Certified Legal Document Preparer (AZCLDP) who is licensed by the Supreme Court of Arizona.

When to consider hiring an attorney

If your case is complicated, you may want to consider hiring a probate attorney.  Here are some possible reasons to hire a probate attorney:

  • It’s been over two years since date of death.
  • You have a copy of the will, but not the original will.
  • Someone is likely to contest the will.

Where to find an attorney

You can visit the State Bar of Arizona’s website to find a probate attorney by using this link: State Bar of Arizona.  Click on “Board Certified Specialization” and choose “Estate & Trust Law” in the dropdown menu.  Once you pull up your list of Arizona attorneys, you can click on “View Profile” and from there you can see if the attorney has had any bar complaints by looking at the “Discipline” section.

uncomplicated, informal probate

If the decedent died without a will, Arizona Probate, LLC may still be able to assist you with an informal probate, depending on the specific circumstances of the case.  If it’s a fairly straightforward case where everyone is in agreement about who gets what and who will be personal representative, hiring an attorney is most likely unnecessary as an AZCLDP can assist you instead.  Please call Arizona Probate, LLC to find out if we can help.

The information on this website is for informational purposes only and should not be construed as legal advice.

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