Arizona is one of 18 states that have adopted the Uniform Probate Code (UPC), meaning that probate could be a rather quick and informal process. Unfortunately, the settling of a will often comes with at least one bump in the road, whether it is a relative contesting what is in the will or an unexpected creditor looking to stake a claim. Due to the potential pitfalls of DIY probate, it just makes good sense to hire an attorney with experience in probate proceedings in Arizona.
1. Unrealized Savings
The motivation behind DIY probate is obviously to save money. There is a prevailing myth that probate lawyers cost a small fortune; in reality, since we work for what the court deems to be a “reasonable” fee and not a percentage of your estate, the overall savings do not amount to anything near what you originally believed.
2. Established Procedures Set Forth by the Court
Unfortunately, marathon sessions of courtroom drama on television are not adequate preparation for Arizona court procedures. Probate is overseen by a court with very precise requirements and rules. A minor error, even one you simply did not know about, could hold up probate for months.
3. Confusing Legal Documentation
Probate proceedings often require a ton of paperwork, and it is the personal representative’s responsibility to prepare and file all of these legal documents. Without legal assistance, crucial paperwork could be missing, potentially derailing the entire process.
4. Neglected Legal Notices
According to the laws of probate in the state of Arizona, the personal representative is also responsible for giving certain notices to creditors and other individuals before set deadlines. If the representative fails in these duties, he/she is deemed liable for damages. It is common for DIY representatives to make mistakes simply because they lack probate experience.
5. Potential Breach of Fiduciary Duties
Section 14-3712 of the Arizona Revised Statutes clearly states that the personal representative will be held responsible for any loss or damage caused by the breach of his/her fiduciary duties. Unfortunately, very few DIY representatives know all of their fiduciary duties; without that knowledge, how can they possibly fulfill their legal obligations? In simple terms, no matter how pure your intentions, what you do not know could hurt you.
Conclusion
While it may seem as if DIY probate is a good idea, in reality, it places far too much pressure on the personal representative. Although the process is relatively simple for experienced attorneys, this is only because they have years of training and have been involved in dozens if not hundreds of cases.
If you lack legal training, DIY probate can suddenly become a very daunting prospect. Additionally, the cost of a probate lawyer may even be payable from the estate’s assets rather than your bank account. Why take risks when you can guarantee a smooth and simple process with an experienced probate attorney?
Sources
https://en.wikipedia.org/wiki/Uniform_Probate_Code
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/14/03712.htm&Title=14&DocType=ARS
https://www.gilbertlawoffice.com/probate-process-arizona/
https://www.gilbertlawoffice.com/practice-areas/probate/
