Probate Lawyer Gilbert, AZ
If you have recently lost a family member and are now responsible for handling their estate, probate can feel like a second full-time job layered on top of grief. Arizona has specific filing deadlines, notice requirements, creditor rules, and court procedures that must be followed precisely. The consequences of getting them wrong range from costly delays to personal liability for the person managing the estate.
Our Gilbert, AZ probate lawyer helps families move through each phase of the process without guesswork. LifePlan Legal AZ has served East Valley families through probate, trust administration, and estate planning for years. We offer free consultations to help you understand your obligations and your options.
Why Choose LifePlan Legal AZ for Probate in Gilbert, AZ?
Attorneys Who Know Arizona Probate Law
Jake Carlson founded LifePlan Legal AZ and has practiced law in Arizona for more than 20 years. His J.D. comes from California Western School of Law, where he concentrated in tax and estate planning. He also earned an MBA from San Diego State University in financing emerging enterprises. Jake carries the Certified Exit Planning Advisor designation, a credential that sharpens his ability to handle probate matters involving business assets, succession complications, and corporate transitions. He sits on the State Bar of Arizona Probate & Trust Section.
Rebecca Easton is licensed in Arizona and Colorado. She earned her J.D. from the University of Denver Sturm College of Law and is a member of the East Valley Estate Planning Council. Becky ran her own solo practice for seven years before merging with LifePlan Legal AZ in 2025, and during that time she helped hundreds of families implement estate plans and navigate trust administration. She was the first homeowner elected to the Eastmark Residential Association Board and regularly leads workshops on incapacity planning and asset protection across the East Valley.
Our firm operates as an estate planning lawyer in Gilbert, AZ, which means probate sits within a broader practice that includes wills, trusts, powers of attorney, and business planning. Your case stays under one roof.
A Record Families Can Rely On
Our attorneys have helped clients recover millions of dollars through proper estate administration, trust management, and business succession planning. One matter that stands out involved a client turned away by six other law offices. We took the case. We found a path forward.
Clear, Upfront Pricing
Nobody wants a surprise bill while they're dealing with a loss. We discuss pricing during our initial consultation and structure many of our probate engagements with transparent fee arrangements so you know what to expect before work begins.
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"Want to thank Jake and his team at LifePlan Legal AZ for a very smooth probate process. His knowledge on this matter made it all worth it, even with unexpected events. I highly recommend Jake and his team at LifePlan Legal. Again, thank you Jake for all your work. Well done!" — Art Guzman
Read more reviews on our Google Business Profile.
Types of Probate Cases We Handle in Gilbert
Our firm handles a range of probate and estate administration matters across Gilbert and the surrounding East Valley. Here is what that looks like in practice:
- Formal probate. When a will is contested or the estate involves complicated assets, formal probate requires full court supervision. We represent personal representatives through every hearing and filing in Maricopa County Superior Court, from the initial petition through final distribution.
- Informal probate. Most uncontested estates in Arizona qualify for informal probate, which moves through the court registrar rather than a judge. No hearing is required. We prepare the application, manage creditor notices, handle the inventory, and oversee distributions.
- Small estate affidavits. Arizona allows certain estates to skip probate entirely through a sworn affidavit. Whether your family qualifies depends on the value of the estate after subtracting liens and encumbrances. We assess eligibility and prepare the documents for banks, the MVD, and title companies.
- Trust administration. Assets held in a trust avoid probate court, but the successor trustee still carries legal obligations. Accountings, beneficiary notifications, creditor considerations, tax filings. We guide trustees through every one of those requirements.
- Estate administration. The personal representative's job is extensive under Arizona law: inventorying assets, paying debts in the right order, filing returns, distributing what remains. We manage it all so that the executor's responsibilities don't become a second source of stress.
- Contested matters. Disputes among heirs happen more often than most families expect. Challenges to a will's validity, allegations of undue influence, disagreements about who should serve as personal representative. We handle these disputes and work toward resolution as efficiently as the circumstances allow.
Arizona Legal Requirements for Probate
Arizona's probate law lives in Title 14 of the Arizona Revised Statutes. The state adopted the Uniform Probate Code, which means the procedures here are more streamlined than in some other states. But streamlined does not mean simple. A few provisions affect nearly every Gilbert probate case.
The filing deadline is two years from the date of death, per A.R.S. § 14-3108. That sounds generous until you consider how quickly two years can pass when a family is grieving, sorting through belongings, and trying to figure out what to do. Miss that window, and your options shrink dramatically.
For families in Gilbert, all probate cases go through the Maricopa County Superior Court, which handles probate proceedings countywide.
Arizona also offers a simplified route for smaller estates. Under A.R.S. § 14-3971, if personal property is valued at $200,000 or less after liens, and real property at $300,000 or less, the family can use a small estate affidavit instead of opening a full probate case. Personal property affidavits can be filed 30 days after death. Real property requires six months. The Legislature raised these thresholds in 2025, which opened the door for many more East Valley families.
After informal probate is granted, the applicant must notify all heirs and devisees within 30 days, as required by A.R.S. § 14-3306. Those parties then have four months to contest. In practice, uncontested cases sail through this period. But the notice must still be sent, and it must be done properly. Cutting corners here can create real problems later.
Important Aspects of a Gilbert Probate Case
Identifying and Inventorying Assets
The personal representative has to locate everything the decedent owned. Bank accounts. Retirement funds. The house. Vehicles. Personal property with any meaningful value. Families are often surprised by what turns up during this process, and just as often surprised by what doesn't. A forgotten account at a credit union, a small life insurance policy nobody knew about, a time-share in another state. We have a reliable process for locating missing assets when the obvious ones have been accounted for.
Handling Creditor Claims
Arizona law requires the personal representative to notify creditors and give them a chance to submit claims against the estate. Known creditors get direct notice. A newspaper publication handles the rest. The claims period runs four months from first publication. During that window, legitimate debts are reviewed and paid in the priority order the statute requires. Paying out of order, or paying before the window closes, can expose the representative to personal liability. We manage the entire creditor process to prevent that.
Distributing Assets to Beneficiaries
Once debts, taxes, and costs of administration are settled, distributions happen. With a will, the terms control. Without one, Arizona's intestacy statutes decide. And those default rules surprise people. A surviving spouse does not automatically inherit everything. It depends on whether the decedent had children from another relationship and how community property was titled. These distinctions matter, and we make sure they're handled correctly.
Closing the Estate
Filing a closing statement releases the personal representative from ongoing liability. Skip this step and you remain legally responsible for the estate indefinitely. We've watched probate mistakes by other representatives create conflicts years after everyone assumed the estate was done. Closing properly is worth the effort.
Tax Obligations
The personal representative must file the decedent's final income tax return. If the estate generates income during administration from rental property, investments, or business operations, a separate fiduciary return is required too. Arizona does not impose its own estate tax, but federal obligations still apply for larger estates. We work with tax professionals when the situation calls for it.
Dealing With Real Property
If the estate includes a home or other real property in Gilbert, the personal representative needs to determine the right approach: sell, transfer, or hold. Arizona has specific rules about real estate transfers after death, including beneficiary deed procedures, affidavits of succession, and the interaction between probate and existing deeds. We prepare the documents and coordinate with title companies to make sure the property transfers cleanly.
Contact LifePlan Legal AZ
If you are dealing with probate in Gilbert or anywhere in the East Valley, we are here to help you through the process without unnecessary stress or confusion. Our initial consultations are free, and we will give you a clear picture of what your case involves and what it will cost.
Contact us to schedule a time to talk.