Uncontested Probate & Trust Administration

Phoenix, Arizona, Uncontested Probate Lawyer

Uncontested probate is the method of probate administration used with simple estates that are not in dispute, and involves informal process of court filings and the appointment of a personal representative. With uncontested probate administration, having a skilled trust attorney by your side can help ensure the process runs smoothly, that documents are filed properly and on time, and that the closing of the estate happens as soon as practicable.

At the Deloughery Law Office, P.C., we offer experienced advice to clients serving as personal representatives and trustees, in how to properly fulfill their duties. Our staff has been specially trained to handle estates involving such issues as:

• Prepare and file uncontested probate forms with the court
• Represent trustees, personal representatives, beneficiaries and wards in uncontested trusts
• Prepare 706 estate tax returns
• Prepare estate and trust income tax returns
• Prepare asset and property inventories
• Perform accounting reviews
• Address out of state assets

Is Probate Necessary for Simple Estates?

When a person dies, if any property is still titled in their name, a probate proceeding is required. In uncontested probate, transferring the title to or the possession of assets and property is the primary issue. The goal is to enable the beneficiaries to assume legal ownership of assets left to them as quickly as possible. Title to real estate and financial assets such as stocks and bonds must typically be probated to reflect the change in ownership, and a probate court gives the estate's personal representative the authority to transfer these titles.

Complexities of Simple Trust Administration

Even if there are no challenges or disputes over an estate's assets or property, if any property has been left in a trust, trust administration even a simple trust may involve many issues including potentially complex matters of asset management, payment of taxes on trust income and proper accounting of the trust assets. To help avoid a potential breach of fiduciary duty claim, the trustee should have experienced legal counsel.

Our firm helps clients throughout Arizona find sensible, effective strategies to protect, transfer and administer their valuable family assets through experienced legal advice and representation. Contact our offices in Scottsdale to schedule an opportunity to discuss your uncontested probate or trust administration needs with probate and trust attorney Paul Deloughery.