How does AZ probate law treat my belongings when I pass away?

By October 25, 2010Uncategorized

Like the old adage says, you can’t take your belongings with you when you die.  But, beyond this simple maxim, people don’t always have certainty as to what will happen to their estate after they pass away.  And, the reason for this is generally a lack of planning, as those who actively prepare may exercise a great deal of control over how their estate will be handled once they are gone.

Ordinarily, when somebody passes away, most of his property goes to his heirs according to AZ probate law or according to a legal device such as a trust designed to keep property out of probate.  When we talk about probate, we are talking about a legal process by which property transfers from one person to another upon the original property owner’s death.  This process is controlled by the Arizona probate code, and it impacts the majority of Arizona estates.  Many people choose to avoid probate by creating trusts and other legal devices that allow their property to transfer immediately to their chosen beneficiaries when they die.

While it is oftentimes advantageous for individuals to avoid probate, every situation warrants a unique approach.  Those who are planning ahead should consult with an Arizona probate lawyer about their options.  Likewise, those who are amid the probate process should not attempt to navigate Arizona probate law without counsel.  Complications many times arise under AZ probate law, and an Arizona probate attorney can fully evaluate the situation to offer personal representatives and others involved with Arizona probate cases the guidance they need.