How much a lawyer will cost in Arizona to hire a probate attorney can be overwhelming after the loss of a loved one. It can be helpful to have an understanding of the possible expenses so an individual can plan and make more informed decisions.
In Arizona, the average total cost for the probate process typically ranges from $6,500 to $8,500. An individual can expect to pay between $2,000 and $5,000 for legal fees. The total cost will depend on factors such as the assets in the estate, the complexity of the estate, and the hourly rate of the lawyer.
The probate cost by state can also vary. It can be helpful to schedule an Arizona lawyer consultation to find out the possible costs associated with a probate attorney in Arizona.
What Are Some Factors Used When Calculating Probate Attorney’s Fees in Arizona?
There are numerous different factors that can influence the cost of different types of lawyers, including probate attorneys, such as:
- How complex the estate is, as larger and more complicated ones will require more time and effort
- The state in which the probate process takes place
- The reputation and experience of the lawyer
- The fee structure that the lawyer uses, which may be hourly, a flat fee, or a percentage of the value of the estate
An Arizona lawyer can help their client understand the costs of probate lawyer fees and why they will be those amounts. To find out even more information about the probate process, it may be helpful to read other LegalMatch probate articles.
What Are Typical Attorney Fees for Probate?
The typical probate lawyer cost, or attorney fees for probate, can vary depending on how the lawyer structures their payment requirements. If an attorney charges an hourly rate, it can range anywhere from $100 to $400 per hour, depending on their location and experience.
If a probate lawyer charges a flat fee, it means their client pays one amount for all of the services provided. This often ranges from $3,000 to $7,000, depending on the complexity of the estate.
When an attorney charges a percentage of the value of the estate, it often ranges from two to four percent of the total value of the estate.
Who Pays for Probate Attorney Fees?
Typically, the estate will pay for probate attorney fees. These lawyer cost fees are classified as an administrative expense.
Probate lawyer fees are paid from the assets of the estate before any distributions are made to beneficiaries. If the estate does not have enough funds to cover the probate lawyer fees, the administrator or executor may have to pay them out of pocket.
Why Would You Need a Probate Attorney in Arizona?
There are numerous reasons why an individual may need a probate attorney in Arizona, such as:
- Navigating Complex Estates: Contested wills and probate law can be complicated, so it is important to have a lawyer’s help in understanding and complying with these laws.
- Handling Contested Wills: When there is a challenge or dispute about the validity of a will, an attorney can give legal advice and representation as well as help gather evidence needed to contest a will.
- Managing Large or Complex Estates: A lawyer can help if an estate has numerous assets, beneficiaries, or debts to ensure it is smoothly and properly handled.
- Minimizing Estate Taxes: Probate lawyers can help create strategies to minimize estate taxes which can maximize the assets that are passed on to the beneficiaries.
What Are the Advantages of Hiring a Probate Lawyer in Arizona?
There are many advantages of hiring a probate attorney in Arizona, which will be discussed below.
Saving Time because Probate Can Be a Time-Consuming Process
The probate process is the legal process of settling an individual’s estate after they pass away. It requires numerous steps, which include filing paperwork, identifying and valuing assets, paying taxes and debts, and distributing remaining assets to beneficiaries.
The full probate process may take several months and even years, depending on how complicated the estate is and what disputes arise. Handling the probate process alone can be daunting and extremely time-consuming for individuals without legal experience.
Hiring a probate attorney can help save significant time and effort. The attorney will be familiar with the legal requirements in your area, the process, and will complete the necessary paperwork.
Protecting Your Interests and Ensuring the Estate Is Distributed According to the Deceased’s Wishes or Arizona State Law
Probate is used to make sure that the wishes of a decedent are carried out as they wanted and that their estate is distributed fairly and in accordance with Arizona law. This can be challenging if there are disputes between creditors, beneficiaries, or other interested parties.
A probate attorney will protect your interests by making sure that the estate is administered properly and that all of the Arizona legal requirements are met. If the decedent did not have a will, a probate attorney can provide advice about how the estate will be distributed under Arizona law.
Arizona probate lawyers can also provide their clients with many other important services and protections. To find out more about how they can help, schedule a probate lawyer consultation.
What Services Do Probate Attorneys Perform?
Probate attorneys in Arizona perform a very wide range of services for their clients, which will be further discussed below.
Filing the Required Paperwork to Initiate the Probate Process
The process of probate starts with filing the required paperwork with the probate court. This includes submitting the original will, if one exists, submitting the death certificate, and submitting a petition for probate. This petition asks the court to appoint an administrator or executor to manage the estate.
Identifying and Inventorying the Assets of the Estate
One of the executor or administrator’s primary responsibilities is to inventory and identify all of the assets of the estate. This can include tangible property such as vehicles, real estate, and personal belongings. It can also include intangible property, including investments, insurance policies, and accounts.
Notifying Creditors and Paying Debts
Once the assets of the estate are identified and inventoried, creditors are notified and debts are paid. A probate attorney can assist the estate administrator or executor with identifying potential creditors and sending them notices of the death.
A creditor will then have a specific time limit to make a claim against the estate. Debts must be paid before property is distributed to the beneficiaries.
Preparing and Filing Tax Returns
A probate lawyer will help the administrator or executor prepare and file any tax returns needed for the estate, such as the deceased’s final personal income tax return as well as a tax return for the estate if its value exceeds required thresholds.
Distributing Assets to Beneficiaries
Once all debts and taxes are paid from the estate, any remaining assets will be distributed to the beneficiaries according to Arizona state law or the terms of the will. A probate attorney can assist with interpreting the provisions of the will and making sure assets are properly distributed.
A probate attorney will also help handle any disputes or challenges to the will and provide their client with guidance throughout the process.
Do I Need To Hire a Probate Attorney in Arizona?
Although it is not always necessary, if you have any probate issues or disputes, it is highly recommended to have the assistance from an Arizona probate lawyer. Even if your case seems straightforward, your attorney can give you valuable guidance and peace of mind during what can be a stressful and difficult time.
If you need help with a probate issue or question in Arizona, you can use LegalMatch to find a probate lawyer in your area who is available to help ensure your loved one’s estate is properly handled. Simply complete the online submission process, which usually only takes about 15 minutes, and, within 24 hours, you will begin getting responses from licensed and prescreened Arizona lawyers near you who can help.
