What is Probate?

Probate is simply the process by which the affairs of the deceased are completed and the title to the remaining property of the deceased is confirmed to the proper individuals entitled to that property.  When someone dies, at a minimum there are outstanding accounts which must be closed, bills and loans which must be paid, tax returns which must be filed, and the costs associated with burial or cremation and memorial services which must be paid.  In the absence of a trust or other device, we have laws that govern these processes and these laws are administered through the probate court.  In some states, this process can take years and there are percentage fees which must be paid.  In Arizona, there are no percentage fees and an uncontested probate is a streamlined process.