What Happens to Your Will When You Die?

When you make a last will and testament to distribute the property in your estate after your death, your will determines more than who receives the assets in the estate. It also designates the person to administer and distribute your estate, and determines the legal process that will be followed for administration and distribution of the estate. Understanding what happens to your will when you die — and what the provisions of your will accomplish — can help you make important estate planning decisions during your life.

When Does a Will Take Effect?

A valid, properly executed will takes effect on the death of the person who makes the will, who is referred to as the testator. During the testator’s lifetime, provisions in a will can be changed or revoked in any manner the testator wishes, as long as specific legal requirements are met. For example, beneficiaries may be changed or a different executor may be named. The most recent valid will of a testator becomes legally effective on their death.

Because your will takes effect on your death, it is extremely important to make certain that at least one trusted individual (such as the designated executor) knows where to find your will. The original executed will is filed with the probate court to validate the will and enable the executor to initiate probate when it is required for the estate, so safeguarding the original of your will and ensuring that it can be found are extremely important. The same is true for all the other documents in your estate plan. Learn more about storing and safeguarding your documents in our article, How To Safeguard Your Estate Plan Documents — and Why It’s Essential.

The Executor of Your Estate

One of the most important provisions in your will designates the individual who will serve as the executor of your estate after you die. The will does not vest any legal authority in the executor concerning the property in the estate, but it does give the designated executor priority under Arizona law to apply for appointment by the probate court as the personal representative of the estate.

Until the probate court appoints a personal representative for the estate, no one — including a named executor — has legal authority to take control of any property in an estate. To obtain court appointment, an executor must apply to the probate court and receive Letters of Personal Representative from the court.

The personal representative’s legal responsibilities begin as soon as the Letters are issued by the court. Under Arizona law, a personal representative has substantial fiduciary duties in administering, managing, and distributing the estate. An executor or personal representative can benefit significantly by getting assistance from an experienced probate lawyer throughout the estate administration process.

If a will distributes solely-owned property of the decedent to beneficiaries named in the will, probate of the will is required under Arizona law in most cases. The personal representative is responsible for initiating and completing probate before distributing the estate assets to the beneficiaries.

Probate of an Estate

Probate is a time-consuming, expensive, and public process established by Arizona statutes. Some estates are required to go through the probate process, which is a court-supervised process for settling an estate. Other Arizona estates are not required to go through the probate process.

Whether an estate must go through probate is determined by the nature and circumstances of the estate and the property that is in the estate. If an estate contains only non-probate assets, the estate does not have to go through probate. If an estate contains any probate assets, Arizona law requires the estate to go through probate. A probate lawyer can help determine whether probate is required for a specific estate and advise the personal representative throughout the process.

During the probate process, the personal representative notifies the beneficiaries and the decedent’s creditors, collects and values all the property in the estate, pays all the debts and expenses of the estate, settles any other claims, and ultimately distributes the estate assets to the beneficiaries. Specific time requirements, forms, and procedures apply throughout the process.

It is important to note that distribution of property through a will is not the only option for transferring assets after death. Due to the burden of probate and the time required to complete the process, many individuals choose to structure their estate to avoid probate by getting estate planning help from a knowledgeable attorney.

Schedule a Free Consultation With an East Valley Probate Lawyer

At Peterson Law Offices, we assist clients with all aspects of estate administration and probate, regardless of the size and nature of an estate. We also provide estate planning services. If you have any questions about administration of a deceased loved one’s estate or about estate planning, please do not hesitate to call on us for help. Your first consultation is always free of charge.

We take pride in offering top-quality, affordable legal services and exceptional client service. We welcome inquiries from clients throughout the East Valley, including Queen Creek, San Tan Valley, Gilbert, Mesa, and Chandler. Schedule your free initial consultation by calling 480-878-5998 or using our online contact form.