Everything You Need to Know When Hiring Trevor S. Whiting as Your Gilbert Probate Attorney
How Much Does It Cost to Hire You as My Gilbert Probate Lawyer?
Each estate's probate situation is different, so providing a fee estimate in advance can sometimes be difficult. However, after assessing your probate case during an initial consultation, we can provide you with an estimate of fees. Alternatively, in some cases, we may even be able to quote you a flat fee to remove any uncertainties.
Our fees for a typical probate case in Gilbert usually range between $5,000 and $8,000, depending on factors such as the nature and variety of the assets involved and the number of beneficiaries. For instance, if there are significant creditor claims and debts or an interested party wants to challenge the will, the fees could be higher.
No matter how simple or complicated your situation is, you can trust us to provide you with an honest assessment of the fees you should expect. The good news is that typically, probate legal fees come directly out of the decedent's estate; you aren't expected to pay out of your own pocket.
Do You Offer Free Probate Consultations in Gilbert?
Yes, we provide complimentary, no-obligation Gilbert probate case consultations. Please come in, and let's discuss your situation. During this time, you can learn more about our skills and experience, as well as the probate services we offer. We will assess your probate situation and appraise you of any potential complications and give you an estimate of how long your case might take to resolve.
What Should I Expect after Hiring You as My Gilbert Probate Attorney?
Once you hire our firm, you will work directly with our team of attorneys and paralegals. We will prepare the necessary probate documents to open the proceeding with the court. Our team will help you gather the information that we need and guide you through the entire process. In addition, we'll ensure that all of the statutory requirements for probate are satisfied so that you can have the assurance of knowing that you are handling the estate properly.
What Are the Potential Issues or Complications That Could Arise in My Gilbert Probate Case?
All Gilbert probate cases have the potential for issues or complications to arise. Typically, the biggest challenge that arises to complicate the probate process is someone challenging the will or opposing the appointment of the personal representative. Both of these matters can lead to litigation, which takes a lot of time and can be very expensive.
The second biggest challenge that may come up in your probate case is when there are significant debts to be paid and satisfied. This is especially true if it's uncertain if there is enough money in the decedent's estate to pay all of the debts.
However, we can provide you with the peace of mind that whatever challenges and issues arise within your probate case, we are prepared to handle them on your behalf.
What Are the Benefits of Hiring You as My Probate Lawyer in Gilbert?
There are countless benefits to hiring our firm to serve your probate estate. The main benefit is the peace of mind in knowing that you don't have to worry if you are navigating the probate process correctly.
What many personal representatives (estate executors) and beneficiaries often don't realize is that Arizona probate statutes have many requirements they must follow. It can be quite challenging to perform everything properly if you don't have significant knowledge, skills, and experience in the area of probate law.
By working with our law firm, you get the benefit of many years of experience on your side. This means that your probate case will be handled efficiently and effectively. You won't have to worry about wasting time or money figuring out the process on your own.
How Long Does the Probate Process Take in Arizona?
Generally, a probate case with the Court will be open for at least four months, but that doesn't mean you can't begin managing the process before then. In many cases, estate distributions can even start being made to the beneficiaries before the end of the four-month period. However, if litigation becomes necessary, there are many creditors, or lots of real estate to be sold, the probate process will likely take longer. Some complex cases may take a year or even several before probate is resolved. Having an experienced attorney by your side who knows what to expect and how to handle hurdles will ensure your case is over as soon as possible.
Do You Have Experience with Complex Probate Cases in Gilbert Involving Trusts, Contested Wills, or Tax Issues?
Yes, in fact, many of our cases deal with these specific issues. With years of experience under our belts, we have seen and successfully handled nearly every type of complex probate case in Gilbert, including those with trusts, contested wills, and tax issues.
What Are the Next Steps to Set Up My Probate Consultation and Hire You?
Contact our office by phone or online. The sooner you reach out, the sooner we can help you get the probate process started and over with. Our friendly office staff will be happy to schedule an appointment that is convenient for you. If we mutually decide to move forward, you will be presented with an engagement contract at the end of your probate consultation.
The Detailed Gilbert Probate Questions I Get Asked the Most
How Can You Help Get My Parent’s House in Gilbert Out of Probate?
Our office can help you prepare the necessary documents to transfer the title of the house from your parent's estate in Gilbert to the correct and rightful beneficiaries.
In addition, we work with a network of trustworthy real estate professionals that can help sell the house if needed. Some of our contacts may even be interested in purchasing their home from the estate to make your job as a personal representative easier. This would allow you to make cash distributions to the beneficiaries.
My Parents Had a Will. Why Do I Need to Go to Probate?
If your parents had more than $75,000 in their financial assets or more than $100,000 of equity in their home, unfortunately, a will won't let you avoid the probate process. A will only gives instructions to the probate court regarding the decedent's wishes - it is not a pass to avoid probate court entirely.
However, having a will makes the probate process easier, quicker, and less expensive for the estate's executor and the heirs. The will gives instructions on how the assets owned personally by your parents must be distributed.
If the value of those assets is over the threshold, we'll need to file probate documents with the court on your behalf. But our office will walk you through every step of that process to ensure everything is done correctly according to the law.
My Parents Had a Trust. Why Do I Need to Go to Probate?
It's possible that not all of your parent's assets were titled in their trust. If your parents had any assets like bank accounts, investments, or real estate that weren't titled to their trust, we may need to go through probate to get the authority to step into your parents' shoes and deal with the banks and title company on your behalf. Without that authority from the court, the banks won't turn over funds to you, and the title company won't let you sell the house to a buyer.
Why Do I Need a Gilbert Probate Attorney in the First Place?
Most people have never served as a personal representative to an estate, so they aren't familiar with all of the requirements of what needs to be done. The potential legal and financial ramifications can be substantial if the personal representative doesn't follow the law, which they often aren't familiar with and don't understand. A Gilbert probate attorney with experience in probate matters can walk you through that process, ensuring things are correctly handled so that you avoid liability as well as extra expenses to the probate estate.
What Assets Have to Go Through Probate in Arizona?
Not all estates or assets must go through probate, but the majority of them do. Assets that must typically go through probate include those that:
- Aren't titled in a trust
- Don't have a joint owner
- Don't have a designated beneficiary
All cash or investments in a bank or brokerage account over $75,000 and Arizona real estate with a total equity of over $100,000 must go through probate court. If an estate has assets below those values, it qualifies for special procedures that are easier and faster than going through the probate process.
I Am Named the Executor, and I Live Out of State. Can I Be Appointed in Arizona?
Yes, Arizona law allows out-of-state executors for probate cases. Our firm frequently works with executors who live out of state, and we are willing to go the extra mile for our clients in this position. Don't let living out of state keep you from serving as your loved one's personal representative or from getting the legal help you need and deserve.
