Articles Tagged with fiduciary

Probate terminology can be confusing. Even Phoenix Probate lawyers sometimes misuse and confuse probate terms.   But you need to know the language if you are to understand what is going on. So here are some common terms used in estate proceedings along with definitions.   More definitions can be found in A.R.S. §14-1201.

Application is a written request directed to the probate registrar for an order of informal probate or appointment.

Petition is a written request to the Court for an Order after notice to interested parties.

Clients sometimes express a concern that the State of Arizona not end up with their property after they die. This can sometimes happen but it is unusual. ARS §14-2105 provides that the State of Arizona takes only where no other person is qualified to claim an estate.   More frequently, however, the State of Arizona determines who gets your property and who takes care of you—without consultation with you or consideration of your wishes. This can happen in several ways:

  1. If you do not have a Will. Where there is no Will or other estate plan document such as a Living Trust, Arizona law decides who gets your property and who will handle the probate of your estate. Arizona’s Intestate Succession statutes are found at ARS§ 14-2101 et. seq. These statutes determine who gets the property of a decedent if there is no Will or other estate planning document.
  2. If you enter into a marriage. A marriage can partially revoke an estate plan entered into prior to marriage so that a new spouse is not unintentionally disinherited. ARS§ 14-2301