Probate

At Rose and Huey, PLLC, located in Phoenix, our firm’s legal services include probate administration and litigation services.

Probate Administration

If you are named executor of a will whether you are an Arizona resident or live elsewhere, our attorneys can assist you with filing the necessary court documents to probate the will and settle an estate.

Probate is the legal process in which the court oversees the transfer of an estate’s assets to the rightful beneficiaries. The process generally takes six months and the first step is proving the validity of the will. An executor, also called a personal representative, is then approved or appointed, if one has not been named in the will. The executor handles the affairs of the estate. Publishing a public notice, generally in a local newspaper, lets creditors know they have four months to bring any claim against the estate for debts the deceased person owes them. The personal representative is also responsible for giving written notice to all known and possible creditors, pays and/or collects outstanding debts, and/or taxes due. Once the executor assures the court that creditors are paid, the remaining estate assets can be distributed to the rightful heirs and beneficiaries.

Probate Litigation

A last Will and Testament is an essential legal document designed to set forth your expressed wishes for the eventual distribution of your assets and property after death.

Sadly, despite careful preparation, a will does not always guarantee that your expressed wishes will be carried out as specified. Often complications surface and a will is contested for a variety of reasons. An heir may believe a will is inaccurate, that he or she has been unfairly left out of your will or that you were not of sound mind when you signed the will. Other challenges arise when a family believes a close friend or even a healthcare custodian has fraudulently maneuvered to be named as a beneficiary.

Whether the controversy begins as a result of a clerical error, a simple misunderstanding or dishonesty, estate settlements can result in long-term damage to relationships among family members, heirs and beneficiaries. The probate lawyers at Rose and Huey understand the emotional conflicts surrounding will contests. When you are challenging a will or trust, our attorneys first determine if you have a valid claim. We explain the court proceedings, guide you through the intricate process, and help you find the most amicable solution possible.

Even if there has been a lack of estate planning, our attorneys skills in steering you through probate administration or litigation will prove valuable. No matter where you live, if you have been named a personal representative of an estate in Arizona, we invite you to call Rose and Huey, PLLC at (602) 340-8400 to learn how our attorneys can assist you.