Wills and Probate

Proactive Estate Strategies Providing Peace Of Mind

It is never too early to draft a will. Yet, it can be too late. I am attorney Elizabeth Estes. I have witnessed firsthand the fallout of a family member's death without a will. Legal complexities meet emotionally charged issues as grieving loved ones are confronted with more challenges.

Formally called a Last Will and Testament, this legal document provides the necessary instructions for disposing your estate. A will designates a personal representative to carry out your wishes and to distribute your assets. If you have minor children, a will can also provide them with a guardian.

Putting off the drafting of a will can create not only chaos within your family, but also unnecessary expenses. The process of finalizing your estate, without the clear directives provided by a will, may result in a court having to make decisions about your estate.  Do not let the pain of your loss be compounded by creating personal and financial stress for your loved ones.  I established Estes Law Firm, PLLC, in Ahwatukee to help my clients in planning their estates and avoid these unintended consequences.

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A Lawyer Protecting Your Family From Future Problems And Disputes

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If you have been designated as a personal representative, or if there is no will making that designation, a probate may be required.  Probate is the court proceeding during which the court formally appoints a personal representative to be responsible for administering the estate of a deceased person and oversees such administration.  After the court’s formal appointment, the personal representative is required to know and abide by specific fiduciary duties while administering an estate.

Not all estates require probate.  If all assets of the estate pass by joint tenancy, community property or by contract, there is no need for probate.  If the estate contains probatable assets under a certain amount, the assets may be collected or transferred by affidavit instead of probate.  

Whether probate is required or not, I can help. At Estes Law Firm, PLLC, I represent my clients probating or administering an estate and I am dedicated to helping them get through this challenging process.