by Richard C. Keyt, Arizona probate attorney
Is It a Good Idea to Do a Do-It-Yourself Probate Rather than Hire an Arizona Probate Lawyer?
Of course I am biased, but based on my years of experience as an Arizona probate attorney representing personal representatives in Arizona probates I know that for most people the do-it-yourself probate is a very bad idea for the following reasons:
5. The probate is a Superior Court proceeding supervised by a judge. Courts have rules of procedure and formalities that can easily create serious problems for people who fail to follow the court’s published rules of procedure.
4. The personal representative must prepare and file numerous legal documents. How does the personal representative know what documents to file and when to file?
3. Arizona probate law requires the personal representative to give specific notices to people and creditors within certain time periods. Arizona probate law imposes liability on the personal representative who fails to provide all required notices properly. DIY personal representatives frequently fail to give all required notices properly.
2. When the DIY personal representative has questions, how does he/she get an answer?
1. The number one reason nobody should do a do-it-yourself Arizona probate is Arizona Revised Statutes Section 14-3712, which states, “If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty.” The personal representative owes fiduciary duties to the estate and to the devisees and heirs and is liable to them for any breach of fiduciary duty. I’ve never encountered a DIY personal representative who knew all of his/her fiduciary duties. Query: If you don’t know your duty, how can you satisfy it? Note: If you don’t know what a devisee or heir is or don’t know the difference, you should appreciate that you need an Arizona probate attorney to handle the probate.
If you are considering a do-it-yourself Arizona probate, do yourself a big favor and do not do it. Instead, hire an experienced Arizona probate lawyer to do it right and protect yourself from having a fool for a client. The cost of the probate lawyer is ultimately payable from the assets of the estate, not from the personal representative's pocket, so why not hire an experienced Arizona probate attorney?
What are the Legal Fees for a Probate & can the Personal Representative be Reimbursed for Advancing the Fee?
I do simple, uncontested, informal Arizona probates for a fixed fee of $5,000. Although the personal representative must pay our security deposit, the personal representative may be reimbursed from estate assets for the security deposit.
How to Hire Arizona Probate Lawyer Richard C. Keyt to Do an Arizona Probate
It's very easy to hire me, Richard C. Keyt, to do an Arizona probate. Just follow these simple steps:
1. Get answers to your probate questions. Call Arizona probate attorney Richard C. Keyt (480-664-7472) if you have any questions about an Arizona probate. You can also book a free office, phone or Zoom video meeting with Richard on his online calendar at https://www.keytlaw.com/calendar. Richard does not charge to answer questions about Arizona probates.
2. Complete our online Probate Legal Service Agreement.
3. Send a check for our fixed fee of $5,000 payable to KEYTLaw, LLC, to Richard C. Keyt, 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258 or pay with your credit card on our secure order page. The personal representative can reimburse the $5,000 to the person who paid it because the fee is an expense of the probate estate.