Probate Phoenix AZ | The Law Office of Libby Banks

Описание: For answers about probate in Phoenix, AZ, watch this video from The Law Office of Libby Banks.

The Law Office of Libby Banks
5010 E Shea Blvd Suite 205, Scottsdale, AZ 85254

602-375-6752

http://libbybanks.com/

A lot of people come in asking me what is probate.

So probate is a court proceeding that we might have to file for someone who has passed away.

For someone who dies without a will, we will have to file a probate if they have certain types of property.

What some people don't realize is even with a will we will probably have to probate that will and probate the estate. That's because the will doesn't actually transfer your property on death.

Think about your home for instance. You got that 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 that house transferred over to them.

So what we do is we file what's called an informal probate most often here in Phoenix, Arizona. The informal probate is very much part of what we do if there is a valid will.

So if we have a proper will, one that appoints the personal representative, waives a bond for them, and properly distributes your property, we can file the informal probate. It's a much more streamlined probate than a formal probate.

So with the informal probate we put together certain documents for your personal representative to sign to apply with the court to be formally appointed. Your will says who it's going to be, but that isn't good enough for transferring your home or transferring your car.

We actually have to have to have the court put its blessing on it and appoint them formally as the personal representative of your estate. So once your personal representative has signed all those documents that we put together in our office, we present those to the court and the court reviews them.

So with an informal probate, your personal representative doesn't actually have to appear in court. That's a big advantage because most people are kind of intimidated and afraid of that.

So if they're approved, which normally with a will they will be approved, then we have a certified copy of the letters of personal representative. That's the formal appointment that your personal representative needs then to deal with all of your property, to hire a realtor to sell it, to hire an estate sale company to deal with your personal property, to transfer your car.

And just to marshal your assets and make the distribution to your heirs.

If you die without a will it can be a lot more complicated.

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Probate Phoenix AZ
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