Plan For The Road Ahead
  1. Home
  2.  → 
  3. Probate
  4.  → Probate Process Simplified: Navigating the Process When Everyone Agrees

Probate Process Simplified: Navigating the Process When Everyone Agrees

On Behalf of | Jun 19, 2023 | Probate, ProbateAssistance, ProbateAttorneys, ProbateLawyer, ProbateLawyersAZ, ProbateProcess, Probatesimplified, ScottsdaleProbateLawyers, WestPhoenixProbateLawyers

Probate Simplified: How Do We Navigate Probate When Everyone Agrees?

Often, when the word “probate” is brought up it can conjure up some images of a complex, long, drawn-out process. While this may be true in some cases, if all parties agree, the probate process is not nearly as arduous and can run more smoothly, allowing for a quicker distribution of assets and settlement of the deceased person’s affairs. It will still require a court process, but it may not be as stressful as you might imagine. How might this process look when parties are in agreement in a probate matter? Here are some important parts of the process. 

  • Get all  necessary documents together. The first step in the probate process is to gather all the required documents. This includes the original will, death certificate, and any other legal papers relevant to the deceased person’s estate. Particularly, any documents relating to assets are extremely helpful to have on-hand and readily available. Having these documents readily available and inventoried will facilitate the subsequent steps and ensure a smooth probate process.

  • Hire an estate attorney. While this step might be optional, it is still highly recommended to hire an experienced estate attorney to ensure that everything runs smoothly and properly. An attorney can help navigate the process, answer any questions, and provide peace of mind throughout the probate proceedings. Court documents must be filled out correctly in order for everything to go smoothly. Some estate planning attorneys work on a flat fee basis, so costs can be predictable and you can lighten your load. 

  • Filing the will with the appropriate court. If a valid will exists, it must be filed with the probate court in the jurisdiction where the deceased person resided. This initiates the probate process. Filing the will promptly ensures that the court recognizes the document and can proceed accordingly. However, here at Windrose Law Center, we typically suggest an alternative route of creating a trust for your estate plan to avoid probate for this part of the estate distribution process. The trust must be properly set up and funded which results in no probate. 
  • Notifying interested parties. It is important to notify all interested parties, including beneficiaries named in the will, potential heirs, and creditors. Yes; even Aunt Sally who hated your fruitcake you made at Thanksgiving last year. Promptly informing these individuals ensures transparency and provides them with the opportunity to participate in the probate process if desired. Open communication among all parties involved fosters agreement and cooperation.

  • Settling outstanding debts and taxes & distributing assets. Many people pass away with debt, often on their houses or other larger assets. Before distributing the assets, it is crucial to settle any outstanding debts and taxes owed by the estate. This involves identifying and contacting creditors, filing necessary tax returns, and paying any applicable taxes. Resolving these obligations ensures that the distribution of assets can occur without complications or delays. 


Once all debts and taxes have been settled, the final step is to distribute the remaining assets among the beneficiaries according to the terms outlined in the will or the applicable laws of intestate succession. When all parties are in agreement, this distribution can be executed smoothly and fairly. If you need help with estate planning or navigating the probate process, contact us today for a free consultation.