What Is Uncontested Probate?

When an Arizona resident passes away, state laws establish specific requirements for administration of the decedent’s estate. The statutes require some (but not all) estates to go through a legal process called probate. Among the state’s several types of probate administration processes, the most common type of probate is called informal probate, a process which is uncontested in many cases. Uncontested probate is usually fairly simple and straightforward, but there are specific legal requirements that must be met. This discussion provides a summary of the process.

Nature of Uncontested Probate

If you lose a loved one, the prospect of estate administration and probate may feel daunting and overwhelming. Getting help from an experienced Arizona probate lawyer can alleviate the stress and concerns and help you navigate through the legal process that applies to your loved one’s estate. Your lawyer determines whether probate is required, and, if so, what type is necessary. In some cases, an estate will go through uncontested probate.

Probate is characterized as uncontested if all the parties (family members, prospective beneficiaries or heirs, and others with an interest in the estate) agree on the terms of the will (if there is one) and distribution of the estate. In uncontested probate, there are no disputes over the validity of the will, the value of the estate assets, or who the beneficiaries or heirs will be.

While uncontested probate does take time to complete, the legal requirements are straightforward and can be navigated with clarity and efficiency by the personal representative, particularly when a probate lawyer provides guidance to ensure full compliance with the representative’s fiduciary duties and the Arizona legal requirements.

Process For Uncontested Probate Administration

Completing the probate process is the responsibility of the personal representative of the estate, who may be an executor named in the will, or — if there is not a will — an administrator identified through the applicable statutory provisions. The personal representative must be formally appointed by the probate court in order to have authority to administer the estate. After court appointment, the personal representative begins the probate process by notifying heirs and beneficiaries of initiation of probate. If there is a will, the beneficiaries receive a copy of the will with the notification.

Identifying Estate Property and Assets

One of the most important responsibilities of the personal representative is identifying and gathering all the property and assets of the estate. Within 90 days after appointment, the personal representative must prepare an inventory and appraisal of the estate property, which is provided to heirs, beneficiaries, and other interested parties.

In addition to identifying all the assets of the estate, the personal representative must secure all the property and protect it. That includes ensuring that family members do not take personal items from the decedent’s home before the estate inventory is completed and probate is finished.

The personal representative identifies which assets must go through probate and which assets are exempt from probate. This task is most easily completed with help from a probate lawyer.

Paying the Estate’s Debts, Costs, Expenses, and Taxes

After completion of the inventory, the personal representative pays all the debts, expenses, costs, and taxes of the estate, in an order of priority established by law. Required tax returns are filed at this stage as well.

Accounting and Distribution of the Estate

After paying all obligations of the estate, the personal representative provides a written accounting to heirs or beneficiaries, detailing all assets and payments. The heirs or beneficiaries may ask questions or make objections to the accounting.

After resolving any issues, the personal representative distributes the assets of the estate as provided in the will or under the laws of intestate succession. Then, the personal representative files a closing statement with the court, confirming that probate administration of the estate is complete.

In informal, uncontested probate, the probate stays open but inactive for a year after the closing statement is filed. After that time passes, the personal representative is discharged from further responsibility.

Assistance With Estate Administration and Probate Requirements

Even when an estate goes through uncontested probate, professional guidance from a knowledgeable probate lawyer is extremely important. From the beginning, the lawyer assists with all legal issues relating to the estate, making certain that the personal representative takes all the necessary steps.

The ultimate goal of probate is to ensure a lawful distribution of the estate that complies fully with the wishes of the deceased person and the requirements of Arizona law. At Peterson Law Offices, we carry as much of the burden of probate as possible, so the decedent’s loved ones can concentrate on grieving their loss and supporting each other.

Schedule a Free Consultation With an Experienced East Valley Probate Attorney

If you are named as executor in a will, or if your loved one died intestate without a will, Peterson Law Offices welcomes your inquiry about our probate services. We take time to discuss and understand your situation, evaluate the circumstances, and recommend the appropriate way to proceed with probate or administration of the estate.

We work with clients throughout the East Valley, including clients in 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.