What to Expect from a Probate Attorney in 2025
Hiring a probate attorney to navigate the legalities of probate after losing a loved one can help reduce stress and confusion. We understand that dealing with estate management may be the last thing on your mind during this time, but our firm is here to assist you, make the process a little easier, and help you understand what to expect from a probate attorney.
Without proper Estate Plans and clear, legal guidelines as to what happens once you are deceased, the courts will uphold what the law decided for you, regardless of what your wishes may have been. Of course, if a valid Will is in place (aka legal), the court oversees your plan memorialized in your Will and is there to ensure it is handled accordingly.
When someone dies without a Will, this is called intestate, and state laws determine who has priority to be appointed as “Personal Representative” or “Executor” (depending on what state you are in), whilst in Probate. One can petition to become the personal representative or executor for the estate with the court and the appropriate documents must be filed.
When dealing with the death of a loved one, no one wants to be overwhelmed with all the details, which include an accounting of someone’s life and all the time-consuming aspects of settling one’s estate. Planning ahead can alleviate a lot of the burden on those you’ve left behind. If you find yourself or another dealing with the estate of someone, below is an outline of some of the basics.
First, we should get an understanding of what Probate is and when you can expect to encounter the process.
Arizona has three forms of Probate: small estate, informal and formal/supervised probate. Small estates qualify to be administered by affidavit, which are forms provided by the court. Assets also pass outside of probate. The following assets do not necessarily go through the Probate process.
* Living trust assets: Assets held in a living trust are not included in the probate estate.
* Property held in joint tenancy: A home, bank account, or other asset held in joint
tenancy does not go through probate. Instead, the surviving owner
becomes the sole owner.
* Community property with right of survivorship: Arizona is a community property
state. A married couple can add a right of survivorship to any community
property. All property held with a right of survivorship passes to the surviving spouse
outside of probate.
* Payable-on-death bank accounts: The funds in a payable-on-death account pass to
the POD beneficiary at the death of the account holder.
* Assets registered in transfer-on-death form: Arizona allows you to name a transfer-
on-death (TOD) beneficiary. Assets registered in TOD form pass directly
to the named beneficiary without probate.
* Real estate transferred by a transfer-on-death deed: In Arizona, an owner of real
estate can execute and record a beneficiary deed that allows property to
go directly to the beneficiary(ies) without probate, instead it passes by deed.
* Life Insurance and Annuities Contracts: When agreements, such as life insurance
policies or annuities, specify a beneficiary to receive proceeds, the
proceeds do not need to go through probate. They are passed pursuant to the
contract’s terms, which have beneficiary designation forms.
* Retirement accounts: The funds in retirement accounts do not go through probate if the account holder designated a beneficiary. Again, they are passing
pursuant to the retirement contract’s terms, which have beneficiary designation forms.
Next, we are providing a checklist to help you in your first meeting with an attorney.
- Start with the Essentials: Gather Key Documents
Before diving into the probate process, round up the important paperwork—this includes the will, any trust documents, bank statements, property deeds, tax returns, and insurance policies. The more complete your file, the smoother the process will be for your attorney to get a clear picture of the estate. - Order Certified Death Certificates
If you’re handling things after a loved one’s passing, you’ll need several certified copies of the death certificate. These are often required by banks, insurance providers, and the probate court. It’s a good idea to order more than you think you’ll need. - Take Stock of What’s Owned and Owed
Make a thorough list of everything your loved one owned—homes, vehicles, savings, investment accounts, retirement funds, and any valuable personal items. Don’t forget to include debts too, like mortgages, loans, and credit cards. Having a clear inventory can save a lot of time and prevent surprises down the road. - Note Down Beneficiaries and Heirs
Make a list of everyone named in the will, as well as any legal heirs. Include their names and contact information. This helps ensure smooth communication and minimizes the chance of misunderstandings or delays. - Hold Off on Distributing Anything Just Yet
It can be tempting to start dividing up personal items or funds, but it’s best to wait until you’ve spoken with a probate attorney. Distributing assets too early—before the legal process is complete—can lead to complications or even legal trouble. - Protect the Property and Valuables
Make sure the estate is secure. That might mean locking up the house, safeguarding personal belongings, and keeping an eye on anything of value. It’s all about preventing theft, damage, or unauthorized use during the process. - Be Aware of Possible Legal Hiccups
If you suspect any issues—like disagreements over the will, potential creditor claims, or family tensions—make a note of them. An experienced attorney can help you navigate those challenges before they become major obstacles. - Stay Organized from the Start
Keep all probate-related paperwork, emails, and notes in one place—a dedicated folder, binder, or digital file. When you’re juggling so many details, good organization is your best friend.
We hope these explanations and the checklist can help you know what to expect from a probate attorney. At our firm we aim to prepare our clients with careful planning and experienced advice. This can help you avoid last-minute scrambles for an estate plan or worse, needing a probate attorney. At Tritch Buonocore Law, we don’t just help you navigate estate planning—we give you the peace of mind to fully understand and prepare for your future. That’s why we simplify the entire process, making it as seamless and stress-free as possible, so you can focus on enjoying the years ahead.
