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Probate

Navigate Arizona Probate with an Experienced Probate Attorney

Losing a loved one is difficult enough without having to navigate the court process alone. Our Probate Attorneys guide families and personal representatives through required filings, deadlines, creditor issues, asset distribution, and the steps needed to close an estate.

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What it does

Guidance Through the Arizona Probate Process

Probate is the court process used to settle an estate when certain assets cannot transfer privately. This may happen when there is no trust in place, assets were titled only in the deceased person’s name, or the estate exceeds Arizona’s probate thresholds. The probate process can involve court filings, legal notices and publications, creditor issues, asset valuation, debt payment, and final distributions to heirs or beneficiaries. Our Probate Attorneys guide the personal representative through each step, helping them understand their responsibilities, meet legal requirements, and reduce the risk of delays, mistakes, disputes, or personal liability.

Who it’s for

Does Every Estate Require Probate?

Probate services may be needed if you:
  • Want to put your wishes in writing, choose who inherits your assets, or name a personal representative to administer your estate.
  • Want to name a guardian for your minor children or other dependents instead of leaving that decision to the courts.
  • Are an Arizona homeowner, an unmarried partner, or part of a blended family and don’t want important decisions left to Arizona probate laws.
  • Have an estate below Arizona’s probate threshold ($200,000 in personal property or $300,000 in real estate) and are comfortable with beneficiaries receiving their inheritance outright.
  • Are creating a trust-based estate plan and need a pour-over will to help direct assets left outside your trust.

How it works

Our Six-Step Probate Process

  • 1

    Determine Whether Probate Is Required

    Meet with one of our Probate Attorneys to review the Will or Trust, estate assets, family circumstances, and how property is titled to determine whether Probate is necessary.

  • 2

    Choose the Appropriate Probate Path

    We’ll determine whether the estate may qualify for informal Probate, requires formal Probate, or can be handled using an Arizona small estate affidavit.

  • 3

    Open the Probate Case

    We’ll prepare and file the required court documents, provide necessary legal notices, and help appoint or confirm the estate’s personal representative.

  • 4

    Identify & Manage Estate Assets

    We’ll guide the personal representative through locating, inventorying, valuing, and managing estate assets throughout the Probate Process.

  • 5

    Address Creditors, Debts & Taxes

    We’ll provide guidance on creditor requirements, estate debts and expenses, and coordinate with tax professionals when needed.

  • 6

    Distribute Assets & Close the Estate

    Once the estate’s obligations are addressed, we’ll help document distributions to heirs or beneficiaries and complete the steps required to close the estate.

45+
Years Serving Arizona
9
Offices Statewide
3rd
Generation Family Firm
100%
Estate Planning Focus

What's included

Documents you receive.

  • Probate Case Evaluation

    Determine whether Probate is required and identify the appropriate path for the estate.

  • Personal Representative Appointment

    Help appoint or confirm the person legally responsible for administering the estate.

  • Court Filings & Legal Notices

    Prepare and file required court documents and provide notices to creditors and beneficiaries, including required publication.

  • Asset Inventory & Valuation

    Guide the personal representative through locating, inventorying, valuing, and managing estate assets.

  • Creditors, Debts & Expenses

    Provide guidance for addressing creditor claims, debts, expenses, and other estate obligations.

  • Tax Coordination

    Coordinate with appropriate tax professionals when tax-related guidance is needed.

  • Asset Distribution

    Prepare documentation to help distribute remaining estate assets properly to heirs or beneficiaries.

  • Estate Closure

    Guide the personal representative through the final requirements for completing and closing the Probate case.

  • Personal Liability Guidance

    Help personal representatives understand their responsibilities and reduce the risk of mistakes that could create personal liability.

Why Phelps LaClair

Probate Guidance Grounded in Estate Planning

We focus on estate planning, trust administration, Probate, and related services, giving our Probate Attorneys firsthand insight into how estate plans work when they’re administered.

For more than 45 years, we’ve helped Arizona residents both plan to avoid Probate and navigate estates that require court involvement.

We help personal representatives understand their responsibilities, meet deadlines, communicate properly, and reduce the risk of personal liability.

Because we also create trusts and estate plans, we can help families through today’s Probate process while helping surviving beneficiaries to avoid similar issues in the future.

What it costs

Transparent Probate Pricing

Custom Quote

Arizona attorneys typically charge $5,000–$7,500 for an uncontested informal Probate, not including court filing fees and other costs. We’ll provide a flat-fee quote once we understand your estate and determine what’s required to complete the Probate process.

Common questions

Your Arizona Probate Questions, Answered

  • Probate is generally required in Arizona when assets held solely in the deceased person’s name exceed certain thresholds of more than $200,000 in personal property or $300,000 in real estate. Whether Probate is required also depends on how assets are titled and whether they can transfer outside the estate.

  • Informal Probate is generally appropriate when the estate is uncontested, the Will is valid and available, heirs or beneficiaries are in agreement, and there are no major issues involving the appointment of the personal representative.

  • Phelps LaClair accepts formal Probate matters in limited circumstances. This may include cases where the firm already assists the family with related estate planning matters, a Will exists but has a legal deficiency, or the original Will cannot be located.

  • No. Assets held in a properly funded Revocable Living Trust, assets with valid beneficiary designations, and certain jointly owned assets may transfer outside Probate. Whether Probate is required depends on the estate and how individual assets are owned.

  • Yes. A personal representative may face personal liability if an estate is not administered promptly and properly. Working with a Probate Attorney can help the personal representative understand their legal responsibilities and reduce the risk of costly mistakes.

  • If a Probate matter becomes contested, the family may need to work with a Probate Litigation Attorney that handles contested estate disputes. Phelps LaClair can help determine when a matter has moved beyond the Probate services the firm provides.

This information is educational and not a substitute for advice from a licensed Arizona attorney.

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Personalized Guidance Starts Here

Meet with one of our attorneys to discuss your situation, your assets, and what matters most to you. We'll answer your questions and provide clear, upfront pricing with no obligation.

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