What is Probate?
Probate is the name of the court process for appointing someone to:
- E Gather the assets of the deceased person (“decedent”),
- E Pay the decedent’s valid debts from estate assets, and
- E Distribute the decedent’s assets to the appropriate persons.
Probate can feel overwhelming, but we make it as smooth and efficient as possible. Our team helps executors and personal representatives navigate legal requirements, file necessary documents quickly, and avoid common pitfalls that can result in personal liability. With clear guidance and regular updates, we ensure the process moves forward without unnecessary delays.
We've Got You Covered.
We recognize that if you need probate services, you are likely experiencing a variety of new challenges, so we offer the following guaranties:
File in 1 Week
We will file your uncontested probate within 1 week of receiving the necessary documents.
Information
We will take time to help you understand the process, your duties, and next steps all along the way.
Regular Communication
We will provide you with regular updates throughout the probate process.
Swift Action
We will take swift action at each step of the probate process so your matter never goes on the backburner.
*Note: We cannot guarantee the results of any litigated matter.
How To Get Started.
Keep In Mind:
- R $0 fees come out of your pocket. Our fees are paid by the estate.
- R Our fees are either flat rate or calculated based on applicable state law.
- R As executor/personal representative, you are entitled to payment from the estate as compensation for your work.
First Step
Answer some questions about you and the estate.
Second Step
We’ll perform an initial review to see if we can help.
Third Step
Consult with one of our probate attorneys licensed in the applicable state.
Our experienced attorneys are dedicated to helping executors, trustees, and beneficiaries with estate administration and related litigation.
Premier Probate Law is proud to be licensed in Arizona, California, Nevada, and Utah.
Trust Administration
Administering a trust comes with legal and financial responsibilities...
Estate Litigation
When conflicts arise over an estate, we work to resolve them efficiently…
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(435) 523-3370
*Premier Probate is an affiliate of Barney McKenna & Olmstead, P.C.
Probate Related Questions.
Who gets appointed as personal representative?
If the decedent had a valid will, then the court usually appoints the person named as “executor” in the will. Once a person is appointed to handle an estate, they are often called the “personal representative” for the estate.
If the decedent did not have a valid will, the law deems them to have died “intestate”—meaning without a will—and the court typically appoints a spouse, adult child, relative, or, in some cases, a creditor as the “personal representative.”
What are the primary steps in the probate process?
- Initial Petition
Someone, usually the executor, files a petition in the proper court asking the judge to appoint a personal representative, and, if the deceased had a will, asking the judge to admit the will to probate.
- Letters
If the court grants the petition, the judge will order the court clerk to issue “Letters” to the newly appointed personal representative. The Letters are a piece of paper giving the personal representative authority to deal with the decedent’s property.
- Sale of Assets
As part of the personal representative’s duties to gather the decedent’s assets, it may be necessary to sell assets of the estate. Court oversight of the sale of assets varies by jurisdiction.
- Payment of Debts
The personal representative is obligated to pay the deceased person’s valid debts from assets of the estate. Court oversight of the debt payment process varies by jurisdiction.
- Distribution
Once the personal representative has paid all valid debts and expenses of administration, they can distribute the remaining assets to the proper beneficiaries. Court oversight of distribution varies by jurisdiction.
Who inherits the decedent’s assets?
If the decedent had a valid last will and testament, then the will governs how the decedent’s assets will be distributed.
If the decedent did not have a valid will, then the rules of “intestate succession” determine who is entitled to receive the decedent’s assets. The rules vary state-by-state, but generally, spouses have first priority, then children, then other relatives. If no relatives can be found, then the State where the decedent died takes possession of the funds, but that is extremely rare due to modern genealogical technology tools.
Does the executor/personal representative get to pick who inherits the decedent’s assets?
No. The personal representative is required by law to distribute assets according to the will or the laws of intestate succession, whichever applies.