Probate, Guardianship & Conservatorship
Call Today - (480) 630-2464
If you are appointed by the Court as a Conservator or Personal Representative,
you must complete an Annual Accounting for the Estate. This accounting
details all of the transactions that occurred over the last year. Failure
to prepare the Annual Accounting can result in sanctions including, but
not limited to, your removal as Conservator or Personal Representative.
Click here to learn more about filing an Annual Accounting.
Annual Report of Guardian
If you are appointed by the Court as a Guardian of a minor or incapacitated
adult, you are required to file an Annual Report with the Court. It is
your job to calendar and remember the annual due date; the Court will
NOT do that for you. Once you have the Annual Report prepared, you are
required to mail a copy of the Report to various persons including, but
not limited to, the court appointed attorney for the Ward.
Click here to learn more about filing your Annual Report of Guardian.
Appointment of Guardian and/or Conservator
A Guardian and/or Conservator is a person appointed by the Court for a
minor or adult incapacitated person that needs protection. In short, a
Guardian is responsible for the physical well-being of the person (called
the Ward) and the Conservator is responsible for the finances and/or assets
of the Ward.
Click here to learn more about getting appointed to protect someone.
Appointment of Personal Representative
A Personal Representative (sometimes called an Executor in other states)
is the person appointed by the Court to administer the probate estate
and distribute the assets after a person passes away.
Click here to learn more about getting appointed as a Personal Representative or
objecting to someone being appointed as the Personal Representative.
Closing a Probate Estate
Once a Probate Estate has been fully administered, the Personal Representative
is responsible for closing the Estate. The Closing process itself is quite
simple; however, prior to closing the Personal Representative must make
sure that everything has been done to wind up the decedent’s affairs.
Click here to learn more about closing a Probate Estate.
Contesting the Appointment of a Guardian and/or Conservator
Appointment of a Guardian and/or Conservator is both a large responsibility
and a critical decision for the Court. Sometimes involved individuals
may feel that the proposed Guardian or Conservator will not necessarily
act in the Ward’s best interest and that someone else should be
Click here to learn more about contesting (or defending against the contest) of the
appointment of a Guardian and/or Conservator.
Filing and Administering a Probate Estate
After someone has passed away, their assets need to be gathered and distributed.
If they did not already provide for the distribution of their assets through
a Trust or a Will, the Estate may need to be resolved through Probate.
Click here to learn more about filing and administrating a Probate.
Formal and Informal Probate
Probates can be divided into two categories: formal and informal. Formal
probate more closely resembles typical Court proceedings, while informal
probate can largely be done without close Court supervision.
Click here to learn more about the formal and informal probate processes.
Once a probate estate has been opened, a Personal Representative is appointed.
The Personal Representative is responsible for administering the estate
and carrying out the directives in the decedent’s Will.
Click here to learn more about administering a Probate Estate.
Litigation refers to a lawsuit, and Probate Litigation is a lawsuit contesting
some element of a Probate case. It can be a challenge to an element of
a Will or Trust or an objection to the administration of the Estate, or
if someone has filed a lawsuit against you in a Probate that you are administering.
Click here to learn more about Probate Litigation.
Termination of a Personal Representative, Guardian and/or Conservator
A Personal Representative, Guardian and/or Conservator may be terminated
for various reasons, typically inaction or misconduct. A Court must approve
and order the termination of the appointment. If you would like to remove
someone as a Personal Representative, Guardian and/or Conservator or someone
has filed a Petition to remove you,
click here to learn more about Termination.
Testate vs. Intestate Probate
In Probate cases, the terms Testate and Intestate frequently arise. These
terms describe whether or not the decedent (person who died) had a Will.
Click here to learn more about Testate and Intestate Probate proceedings.
Vulnerable Adult Protection
Elderly citizens are particularly open to abuse, whether it be physical,
mental, financial, or emotional. In recognition of this fact, Arizona
has enacted specific laws intended to protect vulnerable adults.
Click here to learn more about Vulnerable Adult Protection and lawsuits.
We are conveniently located near the intersection of Scottsdale and Thomas
Roads, just east of Scottsdale Road, on the north side of Thomas, and
conveniently located just minutes off the 101.
Owens and Perkins, P.C.
ATTORNEYS AT LAW
7322 E. THOMAS ROAD
SCOTTSDALE, ARIZONA 85251
P: 480.630.2464 | F: 480.941.2215
Since 1967, serving the Valley of the Sun, Scottsdale, Paradise Valley,
Phoenix, Chandler, Tempe, Mesa, Ahwatukee, Gilbert, Cave Creek, Carefree,
Fountain Hills, Glendale, Surprise, Goodyear, Peoria, El Mirage, Sun City
and other outer lying areas and counties, including, but not limited to
Maricopa County, Pinal County, Coconino County, Yavapai County and Yuma County.