TOUGH . ETHICAL . CARING
ADVOCATES FOR JUSTICE
Tel: 520-795-7300
contactus@wwlplc.com
2802 North Alvernon Way
Suite 100
Tucson, AZ 85712
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Probate and Probate Litigation
Probate is the legal proceeding which provides for disposition of your property after your death. The Probate Court in Arizona is the division of the Superior Court which determines the validity of wills, decides contests between heirs, devisees and beneficiaries, oversees the administration of estates and trusts and decides matters concerning persons needing financial and physical protection due to their inability to handle their own affairs. Probate litigation arises when parties cannot agree upon issues subject to the Probate Court’s jurisdiction. In such cases the Court often conducts hearings and trials to determine the contested issues. A skilled probate litigation attorney can guide you through the complex issues and practical concerns that are present in these contests, which often involve family members that may have competing interests and agendas. To be successful in probate litigation, focus on the ultimate goals must be maintained and distractions due to personal animosity and historical grievances should be avoided when possible. Our probate litigators are experienced in helping their clients focus on ultimate outcomes and avoiding unnecessary arguments that will not affect the ultimate results sought.
Informal Probate
Informal probate is a proceeding in which the court admits a will to probate through the filing of the will with the Probate Registrar and involves little or no judicial involvement in the actual conduct of the administration of the deceased person’s estate. Our skilled probate attorneys are able to help you navigate this process if appropriate for the situation, and file the necessary documents with the court, while avoiding potential pitfalls.
Formal Probate
Formal probate is a more complicated proceeding that is necessary when there are issues with the will, a contest between the beneficiaries or when desired by a party due to conflict or potential conflict between interested persons. Formal probate requires active involvement by the court. That increased judicial involvement tends to make formal probate a more expensive proposition than informal probate, and one that is not resolved as quickly. Our probate attorneys are prepared to help you determine whether a formal probate is necessary, and to aggressively protect your interests in a disputed probate proceeding.