Document creation is probably the first thing that comes to mind when considering estate planning. This makes sense on the surface because you have to record your wishes in a legally binding way.
However, you should consider the realities of estate administration before you decide on an asset transfer vehicle. The choices you make during the planning stage will impact the experience that your loved ones have when you’re gone.
Estate Administration When a Will Is Used
If you use a will to state your final wishes, you will need to name an executor in the document. This is the person who will handle the estate administration tasks when the time comes. As an alternative to someone that you know, you could engage a professional fiduciary.
The executor would not be able to go about the business of the estate independently. Under Arizona law, they would be required to admit the will to probate, and a court would supervise.
Probate Details
Final debts are paid during probate, so the executor will be required to contact creditors. They are allotted time to come forward, and legitimate final debts will be paid. This will include taxes, so the executor has to start an estate bank account to handle these expenses.
The court will determine the validity of the will during this process. If anyone wants to contest the will or its terms, they can come forward during probate.
Meanwhile, the executor will prepare the assets for distribution to the beneficiaries. This can involve appraisals and liquidation of property. Ultimately, the assets will be distributed to the beneficiaries when the court closes the estate.
Waiting Game
All the above makes sense on the one hand, but probate is no picnic for the beneficiaries. They do not receive anything while the estate is being probated, and it will typically take about nine months at minimum. More complex cases can take considerably longer.
Expenses that accumulate reduce the value of the estate before it is distributed to the heirs. Moreover, this is a public proceeding, so interested parties can access the records. Consequently, there is a loss of privacy that can cause difficulties on several levels.
Revocable Living Trust
When you are deciding how you want to transfer assets, the probate pitfalls may not sound very appealing. Fortunately, there is an effective alternative to a simple will that will facilitate a more efficient estate administration process.
You could build your estate plan around a revocable living trust. First, it is important to understand the control factor. As the grantor of the trust, you would be the trustee while you are living. This means you would have total control of the assets in every way.
When you draw up the trust declaration, you name a successor to assume the role after your death. This individual or professional fiduciary would follow the instructions you recorded in the trust declaration. They would distribute the assets to the beneficiaries per your wishes.
The probate court would not be involved at all during the process. In addition to the avoidance of court involvement, there are other benefits that we will explain in a future blog post.
Need a Phoenix, AZ Estate Planning Lawyer?
As you can see from this post, without legal guidance, you could make choices at the outset that result in a negative fallout later on. When you work with our firm, we will make sure that you understand the options that are suitable based on your circumstances and your objectives.
The initial plan will reflect your current realities. Going forward, we will always be available to adjust the plan as things change.
In addition to our Phoenix location, we have offices in every other metropolitan area in the state of Arizona. To set the wheels in motion, call us at 888-222-1328 or send us a message through our contact page.
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