“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. The State Bar of Arizona also provides a list of Estate & Trust Law Certified Specialists.
You could also try a site like Justia which is a directory of lawyers/attorneys that claims to have a list of the “Best Probate Lawyers in Arizona.” Justia has a feature that allows you to search for Arizona probate attorneys by city or by county. You can also search for attorneys who provide free consultations, and filter your search by the attorney’s number of years of experience and languages spoken. On Justia you are also able to filter your search by specific services provided, such as probate administration, probate litigation, and will contests. This can be an extremely useful tool since many probate and estate planning attorneys do not handle litigation or formal probates. I’ve had a number of clients share their frustration when trying to find an attorney to assist with a formal or contested probate. They were surprised by the number of probate and estate planning attorneys who do not deal with litigation of any sort.
uncomplicated, informal probate
If the decedent died with or without a will, Arizona Probate, LLC may 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.
