Estate & Trust Administration and Probate Litigation
Estate and trust matters often arise during some of life’s most difficult moments. At Giles Law, we guide families, fiduciaries, and beneficiaries through these processes with clarity, compassion, and efficiency. Our attorneys bring more than 50 years of combined experience to handling everything from routine trust administration to contested probate litigation.
We know that legal procedures can feel overwhelming when you are grieving or trying to manage complex financial issues. That’s why our team focuses on making the process as smooth as possible while protecting your rights and your loved one’s legacy. Whether you need help administering an estate, carrying out fiduciary duties, or resolving disputes among heirs, Giles Law is here to provide steady support and effective representation.
Our attorneys also handle contested cases when disagreements arise over wills, trusts, or estate administration. With our extensive litigation experience, we balance sensitivity to family dynamics with the strength needed to advocate for our clients in court.
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Estate and Trust Administration FAQs
What is the difference between probate and trust administration?
Probate is the legal process for administering the estate of a person who has died, whether the individual left a valid will or died without one. Depending on the circumstances, probate may involve varying levels of court involvement under Arizona law. A personal representative (sometimes called an executor) is responsible for administering the estate, including gathering assets, paying valid debts and expenses, and distributing property to the appropriate beneficiaries or heirs.
Trust administration is generally a private process that is carried out according to the terms of the trust agreement without ongoing court supervision. However, court involvement may become necessary if disputes arise or judicial guidance is required. When assets are properly titled in a revocable living trust before death, those assets often can be administered outside of probate. Whether trust administration is more efficient than probate depends on the nature of the estate, the assets involved, and whether disputes arise.
How long does probate take in Arizona?
Every estate is different. The time required to complete probate depends on factors such as the size and complexity of the estate, the nature of the assets, creditor claims, tax matters, beneficiary issues, and whether disputes arise during administration. Some estates are administered relatively efficiently, while others require substantially more time. Arizona law also provides simplified procedures for certain qualifying small estates. An attorney can evaluate your situation and explain which administration process may apply.
Do I have to go through probate if my loved one had a living trust?
Not necessarily. Assets that were properly transferred into a revocable living trust during the person's lifetime generally may be administered through the trust rather than through probate. However, assets that were not transferred into the trust, or that do not otherwise pass by beneficiary designation or operation of law, may still require probate administration. An attorney can review the estate plan and asset ownership to determine whether probate is necessary for any portion of the estate.
What are the duties of a personal representative (executor) in Arizona?
A personal representative is responsible for administering an estate in accordance with Arizona law and, where applicable, the decedent's will. Depending on the circumstances, those responsibilities may include identifying and protecting estate assets, providing required notices, addressing valid creditor claims, filing tax returns when required, maintaining appropriate records, and distributing estate property to the proper beneficiaries or heirs. Because personal representatives serve in a fiduciary capacity, they should understand their legal responsibilities and seek legal guidance when appropriate.
What should I do if I am named as successor trustee?
Serving as a successor trustee carries important legal and fiduciary responsibilities. Early steps often include locating and reviewing the trust agreement, obtaining certified copies of the death certificate, identifying and protecting trust assets, determining applicable notice requirements, and understanding the trustee's ongoing obligations under Arizona law. Because trust administration can involve significant legal, financial, and tax considerations, many trustees benefit from legal guidance throughout the administration process. Giles Law assists successor trustees throughout Arizona in carrying out their fiduciary responsibilities and navigating the trust administration process.
Can beneficiaries require a trustee to provide an accounting?
Arizona law requires trustees to keep qualified beneficiaries reasonably informed regarding the administration of a trust and, under certain circumstances, provide accountings or other information concerning trust administration. The scope and timing of those obligations depend on the governing trust document and applicable Arizona law. If a trustee fails to satisfy those obligations, beneficiaries may have legal remedies available through the court. An attorney can evaluate the circumstances and explain the options that may be available.