Beware of Estate Planning and Probate Attorney “Pretenders”

Any attorney or law firm can easily replicate DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) website content using Artificial Intelligence (AI) and present it as their own so-called “knowledge base.” However, these imitators cannot claim our years of experience or our Board Certifications in specific areas of legal practice.

Furthermore, while many attorneys state they “specialize” in a certain area of law, only those who are Board-Certified Specialists—as recognized by the State Bar of Arizona through the Arizona Board of Legal Specialization—are legally allowed to use that title.

The Best Probate Legal Team in Arizona

When determining who the Best Probate Legal Team in Arizona is, the first factor to consider is experience.

Elizabeth Estes, Managing Partner of the Estate Planning and Probate Practice at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group), began her legal career as an Estate Planning Attorney at a small firm in Phoenix. She later became a Partner at the nationally recognized law firm Fennimore, which operated across five states and ranked among the Top 200 U.S. Law Firms. After that, she established her own practice, focusing exclusively on Estate Planning and Probate. With over 25 years of legal experience in Arizona, she now leads the Probate and Estate Planning division at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group).

After evaluating the experience of a firm’s leadership, the next step is assessing the capabilities of the rest of the legal team.

Cantor Law Group (now called DM Cantor Estate and Probate Practice), founded over 25 years ago, holds an AV Rating from Martindale-Hubbell—the highest possible peer review rating. The firm is also listed in the Bar Register of Preeminent Lawyers.

Questions to Ask When Interviewing a Probate Attorney

How many probate administrations has the attorney handled?

DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) Managing Partner of the Estate Planning and Probate Practice, Elizabeth Estes, has overseen hundreds of probate matters over her 25-year legal career. Her experience spans everything from straightforward Small Estate Probates to complex Supervised and Contested Probate litigation.

Does the firm rely on non-lawyers or legal paraprofessionals to handle probate matters?

At DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group), only licensed attorneys from our Probate Practice Area manage and direct all aspects of the probate process. We never delegate the oversight of drafting or legal strategy to non-lawyers or legal paraprofessionals.
We have frequently identified errors in Last Wills and Testaments that were prepared by individuals without legal credentials. This underscores the importance of having a licensed attorney review and direct the preparation of all probate pleadings and documents.

Has the attorney handled probate administrations involving trusts?

Probate matters often include responsibilities involving Trust Administration. If you have been appointed as a Personal Representative, Executor, or Successor Trustee, Elizabeth Estes is fully equipped to guide you through the process. She is experienced with:

• Trust Powers Provisions
• Certificates of Trust
• The Arizona Uniform Trust Code

Her expertise is particularly critical in cases involving A-B Trusts, which are used to maximize estate tax exemptions for spouses.

At DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group), we assist clients with the four essential steps of Trust Administration:

1. Valuing trust assets
2. Notifying creditors appropriately
3. Filing property tax documentation
4. Distributing assets to beneficiaries in accordance with the Trust’s terms

Does the firm utilize Wealth Counsel Estate Planning Software and Clio Legal Software?

Yes. Wealth Counsel is widely regarded as the leading Estate Planning and Probate software, and Clio is one of the most advanced case management platforms available.

Through Clio’s secure Client Portal, clients can upload documents from home or with the help of DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) staff. That information then seamlessly integrates into Wealth Counsel, producing sophisticated and accurate probate documents.

In addition to using the best legal technology, DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) is staffed by top-tier attorneys, consistently rated among the best by Martindale-Hubbell, Super Lawyers, AVVO, and other highly respected attorney ranking services.

Probate Defined

Probate typically occurs whether or not a Last Will and Testament (LWT) was created prior to someone’s passing. A valid LWT will name an Executor or Personal Representative who is legally authorized to manage the decedent’s estate, including paying off creditors first and then distributing remaining assets to the named beneficiaries.

If there is no LWT in place, the individual is considered to have died intestate (without a will). In that case, the Court appoints an Administrator, and assets are distributed to beneficiaries based on a statutory order called Intestate Succession, as defined by Arizona law. If no family members step forward to act as Administrator, a Creditor may initiate the Probate process and request appointment as Administrator.

Whether a dispute arises or not, Probate matters—including those involving Revocable Living Trusts—require the support of highly skilled Estate Administration attorneys and experienced Probate Lawyers. If you need assistance with such matters, contact the Phoenix Estate Planning Attorneys at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) for expert legal guidance.

A properly prepared Last Will and Testament (LWT) should include these four key components:

1. Executor or Personal Representative Appointment
   Designates someone to pay all debts and final expenses, file the final tax return, and ensure assets are distributed appropriately.
2. Personal Property Disposition List (PPDL)
   Specifies who will receive specific personal items such as family heirlooms, jewelry, artwork, antiques, and similar belongings.
3. Alternate Guardian for Minor Children
   Names a backup guardian in case the primary guardian becomes unwilling or unable to fulfill their duties.
4. Waiver of Bond Requirement
   A well-drafted Will waives the need for a bond for the Executor or Personal Representative, reflecting the decedent’s trust in the person chosen to carry out their final wishes.

Five Types of Probate

Small Estate Probate Process

A simplified probate procedure exists for Small Estates if the Decedent’s Real Property (land or home) is valued at less than $100,000, Personal Property totals less than $75,000, and Unpaid Wages do not exceed $5,000. To initiate this process, multiple Small Estate Affidavits must be submitted based on the asset type. For example, an MVD Affidavit is required for the Arizona Department of Transportation if transferring ownership of vehicles or trailers.

It is essential that all affidavits are correctly filed and all Summary Administration Procedures are properly followed—otherwise, the estate may be forced into a more complex probate process.

Informal Probate Process

The Informal Probate Process is the most commonly used procedure in Arizona. For this to apply, the terms of the Last Will and Testament (LWT) must allow the Probate Court Registrar to appoint the Executor/Personal Representative, usually designated within the Will.

This process typically involves no objections from heirs regarding the Will or the choice of Executor. The absence of disputes regarding the validity of the Will or the Executor’s performance is required. Informal Probate is cost-effective and requires minimal court supervision—but still involves substantial paperwork. It’s advisable to have an Attorney guide you through the process.

Formal Probate Process

The Formal Probate Process is generally required when the Last Will and Testament cannot be located, or if the Will is challenged due to irregularities, which often occur in outdated documents. This process is also triggered when:

• A minor is designated as an heir
• A Formal Objection is filed regarding the Executor’s appointment or authority

Formal Probate involves additional court hearings and greater judicial oversight, making it more time-consuming and expensive than Informal Probate. Once the court resolves all disputes, the Executor or Personal Representative can move forward with finalizing the estate.

Supervised Probate Process

Supervised Probate is required when the LWT specifically calls for court supervision, or when the Court determines that oversight is necessary to protect the interests of a Creditor, Heir, or other interested party. It is also used when the Estate is Insolvent.

Under this process, the Court supervises all actions taken by the Executor or Personal Representative. Due to its complexity and oversight requirements, it is highly recommended to retain an Attorney for Supervised Probate matters.

Contested Probate

Also known as Estate and Probate Litigation, Contested Probate always requires the involvement of an Attorney. Common reasons for disputes include:

• Challenges to the Will
• Outdated or missing Will documents
• Multiple Wills
• Divorce-related disputes or insurance conflicts
• Claims of incapacity or undue influence
• Unlocated assets
• Executor abandonment or allegations of misconduct or error

Contested Probate proceedings are often complex and adversarial, requiring experienced legal representation to resolve.

Probate Executor and Personal Representative Duties

First Things First

When someone passes away, their Estate must be administered, even in cases where all assets were titled as jointly owned with a surviving spouse. Estate Administration involves tasks such as:

• Paying final illness and burial expenses
• Valuing assets
• Distributing property according to the Estate Plan
• Filing a Final Tax Return with the appropriate authorities

Although some aspects may appear straightforward, the Executor or Personal Representative must understand how to apply a new stepped-up cost basis to estate property in order to optimize tax treatment. This role may also include preserving the Estate Tax Exemption—commonly referred to as the Estate Tax “Coupon”—by utilizing tools such as Portability and properly allocating Generation-Skipping Tax Exemptions.

For these reasons, it is essential to work with an Attorney who can provide proper guidance throughout the Probate and Administration process.

Keep in mind, Estate Administration is not a quick process. While six months is typically the minimum timeframe, the process can extend much longer, particularly when Final Tax Returns must be filed.

By working with a knowledgeable Attorney at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group), you can potentially minimize or avoid several tax burdens, including:

• Estate Tax
• Inheritance Tax
• Capital Gains Tax
• Generation-Skipping Tax
• Excise Tax
• Income Tax

If you’re located in the Phoenix area and need legal advice on the Arizona Probate Process or assistance with Estate Administration, contact a Phoenix Probate Attorney at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) today to learn more about how we can help.

Do’s and Don’ts for Executors and Personal Representatives

DO’s:

• Begin by ordering 10–15 copies of the death certificate from the Funeral Director.
• Secure all Estate Assets immediately. This includes removing valuable items and important documents—especially if the Decedent lived alone—and storing them in a safe location.
• Arrange for the Decedent’s mail to be forwarded to your address to ensure no bills or notices are missed.
• Create a complete and accurate list of all Beneficiaries and children, including their Social Security numbers, addresses, and contact details.
• Locate the most recent original Last Will and Testament (LWT). Note: using copies can slow down the process.
• Identify and gather all Life Insurance policies, Annuities, and other insurance-related documents.
• Locate the Marriage License (if applicable), and Birth Certificates for the Decedent and any surviving children.
• Collect all bank statements and real estate deeds.
• If the Decedent was a U.S. Military Veteran, gather all related documentation.
• Find Tax Returns from the past three to five years.
• Prepare a detailed inventory of all Estate Assets and obtain formal appraisals for real estate, vehicles, jewelry, art, furniture, and other valuable items.
• Keep a record of burial expenses and any final medical or hospice-related costs.
• Maintain organized records of all expenses, taxes paid, and income received during the Administration process.
• Contact DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) immediately to receive professional legal guidance and support throughout the Probate process.

DON’Ts:

• Do not notify the bank of the Decedent’s passing prematurely—it could trigger a “due-in-full” clause on outstanding loans.
• Do not contact credit card companies—this could cause them to demand immediate repayment of any balances.
• Do not alert utility companies that the Decedent has passed, as it may result in termination of services or a demand for a new security deposit.
• Do not contact mortgage lenders or auto loan companies—doing so may trigger repossession or foreclosure due to automatic demand for payment in full.
• Do not change any insurance coverage or communicate with creditors or financial institutions without first consulting your DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) Attorney.

Required Fiduciary Classes

Whether or not you choose to hire an Attorney to serve as Executor or Personal Representative, you are still required to complete online fiduciary training courses. This requirement is mandated under Rule 27.1 of the Arizona Rules of Probate.

You must wait at least five full days after the date of death before applying, and there is a $324 filing fee associated with the process.

As Executor or Personal Representative, your general responsibilities include:

• Distributing the Decedent’s property in accordance with their Last Will and Testament (LWT), or under Intestate Succession laws if no Will exists
• Safeguarding the Decedent’s assets for the benefit of the Beneficiaries

Arizona’s Statutory Priority for Personal Representative Appointment

In Arizona, there is a legal order of priority for who may be appointed as a Personal Representative:

1. The individual nominated in the Last Will and Testament (LWT)
2. The Surviving Spouse, if they are also a beneficiary under the Will
3. A non-spouse beneficiary listed in the LWT
4. The Surviving Spouse who is not listed in the Will, or if no Will exists
5. Another heir under the law (such as a child, grandchild, sibling, etc.)
6. The Department of Veterans Affairs, if the Decedent or their spouse was a U.S. Military Veteran
7. A Creditor, if Probate has not been opened within 45 days of the Decedent’s death
8. A Public Fiduciary, if no other party qualifies or applies

Important Reminder

The official Arizona Court website states: “If you’re not sure about this, talk to a lawyer who can help you decide.”

Serving as a Personal Representative involves a complex and high-stakes legal process, with the potential for civil and criminal liability if mishandled. To ensure proper compliance and protect yourself, contact a DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) Attorney today for expert legal guidance.

Statutory Requirements and the Four Stages of Trust Probate Administration After Death

Under Arizona Revised Statutes § 14-3712 and § 14-3703, specific legal duties are imposed on the Executor or Personal Representative following a death. Failing to meet these statutory obligations may expose the individual to personal liability for any losses resulting from mismanagement or negligence.

Below are key statutory requirements:

• A.R.S. § 14-3705: You must notify all required parties of your appointment as Personal Representative or Executor within 30 days of that appointment.
• A.R.S. § 14-3306: A copy of the Last Will and Testament (LWT) must be provided to all Heirs within 30 days of the Will being filed with the Court for Probate.
• A.R.S. § 14-3801: You are required to publish notice to all creditors, informing them of the pending Probate.
• A.R.S. § 14-3706: An Initial Accounting and Inventory of all estate assets must be provided to all Heirs within 90 days of your Court appointment.
• A.R.S. § 14-3933: A final Accounting of all Receipts and Expenses of the Estate must be provided to all Heirs.

These obligations are critical components of a legally compliant Trust or Probate Administration, and failure to fulfill them accurately and on time may have serious legal consequences. Working with an experienced DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) Attorney is essential to ensure proper execution of each stage.

The Four Stages of Probate Trust Administration After Death

Stage 1: Establish Asset Values

The primary goal of establishing asset values is to determine the potential Estate Tax liability. As of 2024, the federal lifetime estate tax exemption is $13.99 million. This means a person may leave up to that amount to their Beneficiaries without incurring federal Estate Taxes. If the estate exceeds that threshold, the excess may be taxed at rates up to 40%.

By accurately valuing the estate, you can calculate how much of the Estate Tax Exemption (or “Coupon”) may be applied by the Beneficiaries to reduce or eliminate tax obligations.

A key example involves the valuation of a primary residence. For instance, if a home was purchased for $100,000 and is worth $1 million at the time of death, that represents a $900,000 increase in value. If sold during the decedent’s lifetime, this would typically trigger Capital Gains Tax on the $900,000.

However, when the value is calculated as of the date of death, the property receives a “Stepped-Up Cost Basis.” This means the Surviving Spouse now owns a property valued at $1 million, with no capital gain to report if sold immediately. Only the $900,000 increase is applied against the $13.99 million exemption for Estate Tax purposes.

Important: The Probate Trust Administrator must ensure that all estate assets are valued as of the date of death for IRS reporting, even if the inherited assets are never sold. Accurate valuations are essential for correct tax assessment and compliance.

Stage 2: Notifying Creditors

To properly notify creditors in an Arizona Probate Trust Administration, the Administrator is required to publish a Notice to Creditors in a widely circulated newspaper for three consecutive weekends. This applies to both known and unknown creditors.

For known creditors, the Administrator must also send a direct copy of the Notice. A known creditor is typically anyone who has previously sent a bill to the Personal Representative (Executor) or Successor Trustee. This step is critical to ensure that all valid debts are satisfied before assets are distributed.

Failure to follow this procedure correctly can result in personal liability for the Administrator. If creditors are not properly notified and assets have already been distributed to the heirs, the Administrator may be held responsible for repaying those debts out-of-pocket.

Under Arizona Revised Statute § 14-3805, there is a statutory order of priority for paying creditors. Common debts that must be addressed include:

• Final medical expenses
• Funeral or cremation costs
• Routine household obligations or contracts

The Probate Trust Administrator must also be well-versed in Arizona’s Community Property laws and other statutes designed to protect:

• The Surviving Spouse, to prevent displacement or hardship
• Any Vulnerable Adult who may rely on the Decedent’s assets for ongoing care or support

Arizona law prioritizes safeguarding the financial well-being of Surviving Spouses, children, and Vulnerable Adults, ensuring they are not left destitute after the Decedent’s passing.

Stage 3: Filing of Proper Tax Documents

Before a Final Tax Return can be submitted, the Probate Trust Administrator must first:

• Collect and value all estate assets
• Satisfy all outstanding debts and obligations

This process can involve straightforward tasks, such as completing life insurance claim forms for beneficiary payouts, or more involved duties like transferring asset titles in accordance with the terms of the Trust.

Once these steps are completed, the Final Tax Returns can be prepared.

Important: Always consult with a Certified Public Accountant (CPA) when preparing these final documents.

An experienced Trust Administrator will understand that there are typically two separate tax years in the year the Grantor passes away:

1. January 1st through the date of death
2. From the date of death through December 31st of that same year

To ensure compliance and proper filing, it is essential to work with a qualified Trust Administrator who collaborates with a knowledgeable CPA when completing the Final Tax Return.

Stage 4: Distributing the Assets to the Beneficiaries

Beneficiary designations listed on legal documents determine who receives specific assets—regardless of what is written in a Will or Trust. For example, the individual named in a Life Insurance policy, IRA, or 401(k) agreement will receive those funds, even if someone else is named in the estate documents.

IRA and 401(k) transfers are particularly complex and must be handled carefully to properly apply the Estate Tax Exclusion using the Estate Tax “Coupon.” For this reason, it is essential to work with a highly experienced and top-rated Probate Trust Administrator to correctly finalize the estate.

Caution: The most common and costly errors occur when a Probate Trust Administrator or Personal Representative (Executor) fails to properly apply the Tax Exclusion Credit. These mistakes can lead to significant financial liability and legal consequences.

In addition, it is critically important that the Administrator:

• Fully informs all Beneficiaries of the assets within the estate
• Clearly outlines how those assets will be distributed
• Provides each Beneficiary with copies of the Will, Trust, and any other relevant documents

Transparency and proper documentation help prevent disputes and ensure compliance with legal duties throughout the asset distribution phase.

Common Law Duties and Responsibilities of a Personal Representative or Executor

Personal Representatives owe a high duty of loyalty—both to the Estate itself and to the Beneficiaries. Below are the core responsibilities that must be upheld throughout the administration process:

Duty to Avoid Conflicts of Interest

A Personal Representative must never place their own interests above those of the Beneficiaries. They are prohibited from profiting unfairly from their role. While they are permitted to receive a reasonable fee for their services, they may not exploit confidential information or estate transactions for personal gain.

Duty of Confidentiality

A Personal Representative is obligated to maintain confidentiality regarding all matters of the Estate. Disclosure of estate information to outside parties is only permitted with prior authorization or a court order. For example, they may not share sensitive details with the media or write a tell-all account. Issues often arise when the Representative discloses information to one Beneficiary, who then uses it to gain an unfair advantage over the others.

Duty of Due Diligence

The Representative must act with reasonable care and prudence when managing estate property. Disposing of assets below fair market value for convenience or selling estate items to personal acquaintances at discounted rates constitutes a violation of this duty.

Duty to Protect and Preserve the Estate’s Assets

This responsibility includes taking necessary steps to safeguard all estate assets, which may involve:

• Hiring security
• Storing valuables securely
• Ensuring insurance policies reflect current market values

There is also a duty to make estate property productive within a reasonable time, often through low-risk investments or the maintenance and improvement of real estate prior to sale.

Duty to Act Promptly on Required Matters

This includes filing all necessary documents, such as Final Tax Returns, and ensuring property taxes are paid to avoid default. Prompt action also involves maintaining open and transparent communication with all Beneficiaries. A common issue arises when the Representative only updates one Beneficiary, assuming that information will be passed along. To prevent disputes, it’s best to include all Beneficiaries in key decisions about asset management and distribution.

If you have questions about your responsibilities as a Personal Representative or need guidance through the probate process, contact the experienced attorneys at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) today.

Payment for Services as a Personal Representative or Executor

Under Arizona Revised Statute § 14-3719 (et seq.), a Personal Representative or Executor is entitled to compensation if the Last Will and Testament (LWT) includes a provision allowing for such payment. In these cases, the LWT typically sets a specified hourly rate for services rendered.

A Personal Representative may choose to renounce their right to compensation. If so, they must file a written notice with the Court to officially waive payment.

If the LWT does not mention compensation, the Personal Representative may still request reimbursement at a “reasonable rate”, generally accepted to be around $50 per hour. In such instances:

• You must track all hours worked on behalf of the estate
• Submit a formal Request for Reimbursement to the Court
• Upon Court approval, payment will be made from Estate assets

Finalization and Conclusion of a Probate Trust Administrator’s Duties

Once all Probate Trust assets have been distributed and the Successor Trustee is ready to close the administration, several steps must be taken to complete the process:

1. File Final Tax Returns
2. Send a Closing Letter to all Beneficiaries detailing the final asset distribution
3. If assets are transferred to a Surviving Spouse, ensure they are properly instructed on how to retitle assets
4. If no spouse survives, the Trustee must follow the LWT’s instructions on how to distribute the remaining assets

After distributions are made, the Probate Trust Administrator should obtain from each Beneficiary:

• A Receipt of Distribution, and
• A Release of Responsibility and Liability

Four Required Steps to Finalize Your Duties as Personal Representative or Executor:

1. Prepare a Final Detailed Accounting
   • Provide it to the Court and all Beneficiaries
   • Await Court approval
2. File a Final Plan of Distribution of Assets
   • Submit this plan to the Court for review and approval
3. Submit a Report of Final Distribution
   • After the distribution plan is approved, file the final report summarizing the actual distributions made
4. Petition the Court for Discharge of Personal Representative Status
   • This step officially ends your legal responsibilities
   • Important: If the estate includes real property located in other states, separate ancillary probate proceedings must be initiated in each of those states

Because of these complexities—especially in multi-state probate—it is strongly advised to work with a qualified Probate Attorney, such as those at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group), to ensure the process is handled correctly from start to finish.

Problems Leading to Estate and Probate Litigation

At DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group), we have handled numerous cases involving Probate Litigation, arising from a variety of complex issues. Some of the most common causes include:

• A divorced spouse attempting to make claims on life insurance proceeds
• An outdated Last Will and Testament (LWT), the existence of multiple conflicting Wills, or missing estate documents
• A contested Will due to allegations of incapacity or undue influence
• Unlocated or undisclosed assets
• Executor or Personal Representative misconduct, abandonment of responsibilities, or mistakes in administration

If you need experienced Estate Planning Attorneys who can collaborate with our Phoenix Probate Lawyers—especially in cases where Family Law and Probate intersect—contact DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) today to schedule a free consultation with our top-rated legal team.

What We Do When We Represent You

When you retain DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group), we begin by conducting a thorough review of the Last Will and Testament (LWT) to assess the following:

1. Who is named as the Personal Representative (Executor)
2. Whether there is a valid Personal Property Disposition List (PPDL)
3. Whether an Alternate Guardian has been named (if minor children are involved)
4. Whether the Bond Requirement has been waived

If any deficiencies exist in these areas, we will assist in resolving them quickly.

We will also help you determine which Probate process is most appropriate:

• If the estate qualifies, we’ll assess whether the Small Estate Probate Process is the fastest and most efficient option.
• If not, we’ll explore whether the Informal Probate Process is suitable.
• If no Will can be located or a dispute arises, we’ll guide you through the Formal Probate Process.
• If the estate requires court supervision, we will assist you with navigating the Supervised Probate Process.
• If the matter becomes contested and turns into Probate Litigation, our skilled attorneys are prepared to protect your rights and interests every step of the way.

Support for Personal Representatives and Executors

If you’ve been named as a Personal Representative or Executor, we can assist you with the urgent steps that must be taken immediately, including:

• Ordering death certificates
• Forwarding mail to the appropriate address
• Compiling an accurate list of Beneficiaries and children
• Locating the most recent original LWT
• Gathering documents such as life insurance policies, marriage licenses, bank statements, property deeds, military service records, and tax returns (from the last 3–5 years)
• Completing a full inventory of assets and securing appraisals
• Documenting burial and final medical expenses
• Securing digital assets (e.g., passwords, photos)
• Maintaining a detailed record of expenses throughout the Probate Administration

Fiduciary Class Requirements

We will walk you through all online Fiduciary Class obligations, as required under Rule 27.1 of the Arizona Rules of Probate.

Meeting Statutory Requirements

We ensure that you comply with the statutory duties set out under A.R.S. §§ 14-3712 and 14-3703, which include:

• Notifying the appropriate parties of your Court appointment
• Providing a copy of the LWT to all known Heirs within 30 days of its submission to the Court
• Publishing a Notice to Creditors
• Preparing an Initial Inventory and Accounting of estate assets within 90 days of your appointment and distributing it to all Heirs
• Preparing and distributing a full Accounting of all receipts and expenses during the estate administration

Finalizing and Closing the Probate Process

We assist you with the final stages of Probate, including:

• Preparing a Final Detailed Accounting, which is submitted to both the Court and all Beneficiaries
• Filing the Final Plan of Distribution of Assets with the Court
• Preparing the Report of Final Distribution after the plan has been approved
• Filing the Petition for Discharge of Personal Representative Status once all tax obligations are met and Receipts of Distribution and Releases of Liability have been received from all Beneficiaries

Note: If the estate includes real property located outside of Arizona, separate ancillary probate proceedings may need to be initiated in those jurisdictions. For such matters, working with an experienced Probate Attorney is essential to ensure full compliance across state lines.

Phoenix Probate FAQs

What is probate?

Probate is the legal process used to transfer a person’s assets after death. In Arizona, several types of Probate may apply depending on the situation. Some assets can be passed outside of Probate, but when Probate is required, it can be Informal, Formal, or Supervised, depending on how involved the Court needs to be. In some cases, a combination of these types may apply.

If you’ve recently lost a loved one and are unsure of your next steps, DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) can help you determine whether Probate is necessary—and if it is, we’ll guide you through every stage of the process.

How long does probate take? How much does it cost?

There’s no universal answer. Some Probate cases may be resolved in as little as 4 to 6 months, while more complex or court-supervised cases can take over two years.

Hiring an attorney generally starts at a few thousand dollars. If the case involves litigation or formal supervision, total costs can exceed $25,000. The good news: these fees are usually paid by the Estate, as long as the Estate has sufficient assets.

Does a Last Will and Testament avoid probate?

No. A Last Will and Testament (LWT) does not bypass the Probate process—it simply provides the Court with instructions on how the Decedent wished to distribute their assets.

However, a properly drafted LWT can help reduce delays, minimize disputes, and make the Probate process smoother and more efficient. At DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group), we can help you create a Will designed to simplify Probate and reduce overall costs and time.

Can I help my loved ones avoid probate in Arizona?

Yes. A properly drafted and fully funded Revocable Living Trust (RLT) allows the assets titled to the Trust to bypass Probate entirely.

Other Estate Planning strategies are also available to minimize or avoid the Probate process. At DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group), we’ll explain all your options and help you build a personalized Estate Plan to protect your loved ones and streamline asset distribution.

What is a Probate Bond?

A Probate Bond may be required when a Personal Representative (Executor) is appointed, particularly if there is no Will, or if the Will does not waive the bond requirement.

All Heirs, Beneficiaries, or Devisees can agree to waive the bond, if desired. The Probate Bond functions like insurance, protecting the Estate and its Beneficiaries from any wrongdoing or misconduct by the Personal Representative.

Work With a Phoenix Probate Attorney Today

For a free consultation with one of our experienced Phoenix Probate Attorneys at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group), call us at (602) 254-8880 to get trusted legal guidance on any Estate Planning or Probate matter.