Probate & Trust Administration

Probate

Our Probate practice focuses on representing surviving spouses and/or adult children to assist them in navigating the often-complex probate process. Whether a person dies leaving a Last Will and Testament (Testate) or no Will at all (Intestate);, Probate is often legally required to settle the estate of a deceased person. The Probate process often necessitates court intervention. With over 25 years of legal experience, Benedict Legal guides our clients and protects their interests as personal representatives, heirs or both.

 

The primary objective of Probate is to legally authorize someone (usually a surviving spouse, adult child or trusted friend) to assume the responsibility of administering the estate of a deceased person. In Arizona, this person is called a “Personal Representative”. Once appointed by the Probate Court, the Personal Representative takes title and legal possession of the deceased person’s assets; notifies all parties having an interest in the estate; pays all valid debts and expenses; and finally distributes the assets to the heirs and devisees. Once these tasks are completed the Probate is “Closed” and the Personal Representative is relieved of all future responsibility as a fiduciary. The probate process takes an average of 12 to 18 months to complete.

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Trust Administration

For individuals who have established a Trust, the administration of their estate upon their death is incumbent upon the appointed “trustee” and does not require court intervention.  The Trust document provides a roadmap for the trustee to follow regarding distribution of benefits to designated beneficiaries. Our firm advises trustees to help ensure they fulfill their fiduciary duties, while meeting the deceased’s objectives, wishes and goals.