Areas of Practice for Copeland Law Offices

Probate is a form of court proceeding to transfer a deceased person’s assets after death. Most probate proceedings occur without much court involvement and with little or no dramatic contests or family infighting. Arizona is a relatively “probate friendly” state and provides “informal” probate procedures for qualifying estates. Probate involves collecting and inventorying assets of the estate, resolving creditor claims, and distributing assets per the wishes of the deceased person (if there is a Will) or by statute (if there is no Will). Probate proceedings deal only with those assets that were titled in the deceased person’s individual name at the time of death. Assets with beneficiary designations (most commonly insurance policies or retirement, bank, or investment accounts) or titled in a trust are not subject to probate. Probate proceedings are sometimes necessary when beneficiary designations were not made or are invalid (such as a deceased beneficiary), or when assets were not properly titled in a trust.

Personal Representatives (historically referred to as Executors) are legally responsible for administering the estate including gathering all of the deceased person’s assets, making sure that all debts are paid from those assets (or otherwise resolved), and distributing the remaining assets in accordance with the terms of the Will or, if there is no Will, Arizona’s intestacy statutes. We work directly with the Personal Representative to obtain court appointment as Personal Representative, to comply with all statutory notice requirements; to collect, value, and manage estate assets; to prepare any estate inventories; to evaluate, negotiate and resolve creditor claims or other obligations of the estate; to prepare any required accountings; to coordinate preparation of any tax returns and to retain and manage other professional services such as realtors or estate management services; to distribute the assets of the estate; and to conclude duties and obligations as Personal Representative including obtaining release of the Personal Representative either directly from distributees or by court order. If necessary, we also represent the Personal Representative in connection with litigation or threatened litigation by or against the estate such as will contests and other such disputes.

Trust Administration (or Trust Settlement) is similar to the probate process but usually does not require court proceedings. Like probate, trust administration involves collecting and inventorying assets of the trust, resolving creditor claims, and distributing assets per the wishes of the deceased person as set forth in the trust. Trustees, like Personal Representatives, are legally responsible for administering the trust including gathering trust assets, making sure that all debts are paid (or otherwise resolved), and distributing the remaining assets in accordance with the terms of the trust. Even when there is a trust, probate proceedings are sometimes necessary to bring assets into the trust for administration according to the terms of the trust. We work directly with the Trustee to document the Trustee’s appointment and acceptance of duties as Trustee, to comply with all statutory notice requirements to trust beneficiaries; to collect, value, and manage trust assets; to prepare any trust inventories; to evaluate, negotiate and resolve creditor claims or other obligations of the deceased person or the trust; to prepare any required accountings; to coordinate preparation of any tax returns and to retain and manage other professional services such as realtors or estate management services; to distribute the assets of the trust; and conclude duties and obligations as Trustee and obtain any releases from trust beneficiaries. If necessary, we also represent the Trustee in connection with litigation or threatened litigation by or against the trust.