Probate & Trust Administration

GET EXPERIENCED GUIDANCE IN DIVIDING YOUR LOVED ONE’S ESTATE

At Mazza + Niro we believe that preserving the wishes of our clients honors their legacy. Whether you need to administer a probate estate for a loved one, administer a trust, or need legal assistance to manage complex estate issues, our attorneys at Mazza + Niro can explain your duties and obligations in simple terms with complete transparency and compassion.

The complexity of estate administration depends on the size of an estate, whether the Decedent passed away with a Will, a Trust, or no estate plan, and whether the estate plan documents are subject to legal challenges or are likely to be contested by interested parties, heirs, devisees, or beneficiaries.

HOW WE CAN HELP WITH PROBATE OR TRUST ADMINISTRATION

At Mazza + Niro, we provide legal services for probate and trust administration. Our attorneys can expertly assist you with the required Court filings and guide you through the administration process. Our goal is to help you navigate through and expedite the process, whether it is simple, complex, or heavily litigated.

WORK WITH OUR SCOTTSDALE PROBATE LAWYER

WHAT IS PROBATE?

In Arizona, Probate is a legal process used to administer both testate and intestate estates.

The probate process can be used to do the following:

  • Authenticate a will
  • Determine the heirs of an estate
  • Appoint a Personal Representative of the estate
  • Identify and notify creditors
  • Establish an inventory and accounting that details date of death values of estate assets
  • Pay costs of administration and any final debts
  • Prepare and file final tax returns
  • Distribute the remainder of an estate to the named devisees and heirs.

DO I NEED PROBATE?

In the state of Arizona, not all assets need to go through the probate process.

These assets may be passed automatically to new owners without probate court:

  • Assets from a Living Trust
  • Property that is in Joint Tenancy
  • Community Property with a Right of Survivorship
  • Bank Accounts with funds Payable-on-Death
  • Assets registered on a Transfer-on-Death form
  • Real estate in a Transfer-on-Death deed
  • Contracts
  • Retirement accounts

WHAT DO PROBATE LAWYERS DO?

Probate lawyers, especially those based in Scottsdale, Arizona, provide invaluable assistance to individuals who need to administer the estate of a loved one who has passed away. They bring to bear a deep understanding of probate law and extensive experience in navigating the intricacies of the probate process. These attorneys can help you handle the legal and financial matters involved in administering an estate, enabling you to focus on your family and to grieve without the added burden of these complexities.

Here are some of the key services provided by Scottsdale probate attorneys:

  • Providing legal advice on the applicable laws and regulations related to probate and estate administration.
  • Assisting with the preparation and filing of all necessary court documents.
  • Representing the estate in probate court proceedings.
  • Helping to identify and inventory all assets of the estate.
  • Assisting with the valuation of assets.
  • Helping to settle the decedent’s debts and taxes.
  • Assisting with the transfer of assets to the beneficiaries as provided by the will or state law.
  • Mediating disputes among beneficiaries over the distribution of assets.
  • Providing legal counsel on the rights and obligations of the executor or administrator of the estate.

These services underscore the critical role that probate lawyers play in the efficient and effective administration of estates.

STILL HAVE QUESTIONS? ASK OUR PROBATE LAWYERS IN SCOTTSDALE

If you are unsure whether or not your loved ones assets require probate administration or you wish to know more about how your assets will be distributed after your passing, speak with experienced Scottsdale probate lawyers at Mazza + Niro, PLC. We have successfully helped families throughout Arizona for many years and are ready to answer any of your questions. Call 602-900-1854 to schedule an appointment.

TRUST ADMINISTRATION SERVICES

In Arizona, if an individual established a Trust during their lifetime or created a testamentary Trust, such Trust needs to be properly administered. The trust administration process involves managing the property in the Trust as directed, which may include distributing the trust assets to the named beneficiaries. The administration of a trust may be a simple process.

However, some trust estates are more complex and require a much more involved trust administration process. Our law firm handles both simple and complex trust administration matters. All trust matters, whether simple or complex, should follow basic steps to minimize potential exposure to liability for the Trustee, and the attorneys at Mazza + Niro are here to guide you through that process.

WHAT IS A TRUST?

A Trust is a legal arrangement in which one party, known as the Trustor, grants another party, the Trustee, the right to manage certain assets for the benefit of a beneficiary or beneficiaries. In the context of estate planning in Arizona, various types of trusts can be used to protect and efficiently distribute a person’s assets. A Revocable Living Trust, for example, allows the Trustor to maintain control over their property during their lifetime and stipulates how the assets will be distributed upon their death. An Irrevocable Trust, on the other hand, transfers control of the assets to the Trustee permanently. Other types of trusts such as a Charitable Trust, Special Needs Trust, or a Testamentary Trust can also be used, each with its unique features and benefits. Consulting with a knowledgeable estate administration attorney near you can provide a clear understanding of which type of trust best suits your situation.

WHAT DOES A TRUST ADMINISTRATION ATTORNEY DO?

Trust administration attorneys play a pivotal role in the setup, operation, and maintenance of a trust. Their expertise encompasses a wide range of services designed to ensure that the trust operates smoothly, adheres to all relevant laws and regulations, and ultimately achieves the trustor’s objectives. These services include:

  • Drafting the trust documents: Trust administration attorneys work closely with clients to establish the trust, including drafting the legal documents needed to create it. This process involves understanding the client’s goals, advising on the type of trust that best meets those goals, and ensuring that all necessary stipulations are included in the trust documents.
  • Assistance in the transfer of assets: Once the trust has been set up, trust administration attorneys assist in transferring assets into the trust. This can involve preparing deeds or other transfer documents, and ensuring that all transfers are properly executed and recorded.
  • Interpretation of the trust document: Trust administration attorneys help interpret the terms of the trust and provide advice to trustees on their duties and responsibilities.
  • Compliance with tax laws: Trust administration attorneys guide trustees through the process of filing tax returns for the trust and ensure compliance with all relevant tax laws.
  • Mediation and conflict resolution: In case of any disputes among the beneficiaries or between the trustee and beneficiaries, trust administration attorneys can mediate to help resolve these conflicts and ensure the trust operates as intended.
  • Legal representation: Should any legal issues arise in the course of administering the trust, trust administration attorneys will represent the trust in court.

By availing themselves of these services, clients can be assured that their trusts will be managed effectively and in accordance with their wishes, thereby securing their legacy for future generations.

HOW TO FIND A GOOD PROBATE ATTORNEY FOR TRUST AND PROBATE ADMINISTRATION

At Mazza + Niro, we bring a wealth of experience and a deep understanding of probate and trust law to our work with families. Our attorneys have dealt with a wide range of probate and trust issues and concerns, and they have the specialized knowledge necessary to guide families through these complex processes.

Whether you’re dealing with a simple estate, a highly complex trust, or any point in between, we’re here to provide you with the clarity, support, and legal expertise you need.

If you have questions, we’re just a phone call away – reach out to us at 602-900-1854. Our goal is to help you honor your loved ones’ legacies and secure the future of your family.