Conservatorship, Guardianship and Probate Attorney in Phoenix, AZ

Conservatorship, Guardianship and Probate Overview

With offices in Phoenix and Mesa, Arizona, the law firm of Gillespie, Shields & Durrant has been providing legal services for Arizona residents for more than 25 years. In the area of probate law and litigation, we offer knowledgeable, skilled legal counsel to clients regarding conservatorships, guardianships, supervised probate and formal and informal probate.

Our probate law attorney has the experience and the ability to help clients resolve probate disputes in numerous ways, including through mediation, collaboration, arbitration and litigation.

Guardianship in Arizona

Guardianship can be considered when an adult becomes incapacitated, whether from dementia, brain injury, mental disability or any other cause, and is unable to make rational decisions. The court can appoint what is called a "surrogate" decision maker for the incapacitated person. The decision maker becomes that person's guardian. The process must go through probate court, which carefully supervises the guardian's actions.

A guardian makes limited financial and health care decisions for the incapacitated person, or ward. The guardian must also make sure that the ward is receiving appropriate care and comfort.

Conservatorship in Arizona

Conservatorship is similar in many ways to guardianship. The key difference, however, is that conservatorships are limited to handling all financial affairs and making financial decisions for the incapacitated person.

Informal Probate

The majority of Arizona estates can be settled, distributed and closed through informal probate. No estate administrator or beneficiary appears in court and the estate is not in dispute, either. A court registrar is designated to supervise and administer informal probate.

Informal probate requires the same paperwork as the filing of a formal probate, but it is less time-consuming, simpler and less expensive than a formal probate process.

Formal Probate

If a will is contested, the estate may go through formal probate. Formal probate litigation is similar to a civil suit. It involves court hearings, depositions, motions, discovery and a trial. The goal of formal probate is to discern whether the contested will is valid and legally binding. An informal probate proceeding can be interrupted by a formal probate request, which will stop any further settling of the estate until the formal probate issue is resolved.

Supervised Probate

Supervised probate is a combination of both formal and informal probate. The estate's personal representative is not allowed to enter into any agreements regarding distribution or selling real estate without first gaining court approval.

For answers to questions about conservatorship, guardianship and probate, the law firm of Gillespie, Shields & Durrant is here to help. Allow us to provide you with the skilled, sensitive guidance that may be called for during times of challenge.

Other Frequent Case Types

• Civil Litigation in Phoenix, AZ
• Employment Law in Phoenix, AZ

Areas of Practice

• Conservatorship, Guardianship and Probate
• Probate Law