Legal Question in Wills and Trusts in Arizona

Re: Lawyers invovlement

Thank you for your inquiry.

In Arizona, an attorney is not REQUIRED to probate an estate; however, people often hire attorneys if the estate is complex, multijurisdictional, or if it is likely that the will (if there is a will) will be contested.

The personal representative (executor) is the person with the court's authority to administer the estate. The role of the attorney in most probates is to prepare the necessary paperwork, assist the personal representative in paying estate debts and distributing estate assets, arrange for filing of the notices and otherwise make sure the personal representative is in compliance with the court's orders. Aside from those functions, there are no decisions for the lawyer to make; the will tells the personal representative how to divide the estate, and if there is no will, the law controls.

If there is litigation (a will contest), the lawyer is much more involved, and is "in charge" of the legal decisions to be made.

If you would like to discuss this matter further, please feel free to contact me at (480) 792-9770 or [email protected].

/s/ Monica Donaldson