Flagstaff Paralegal

Good News Regarding Probate Laws

Fri, 06 Mar 2026 17:54:21 GMT

Good News Regarding Probate Laws

Good news regarding probate laws! Congress has increased the threshold for small to medium sized estates to make it easier for heirs to transfer assets quickly and affordably, via an affidavit.

Here’s the new limits:

Personal property: Increased to $200,000 (bank accounts, personal property, guns, vehicles, etc.)

Small real estate: Increased to $300,000 (assessor’s value less incumbrances/mortgages)

When effective: Affidavits filed after June 30, 2025 but not based on date of death. If your loved one passed away earlier, then it is still legal to file the affidavit of transfer.

End result: This new law will save you money and time.

Contact Karla’s Paralegal Services if you need assistance in preparing the affidavits.

Wills are a Necessary Evil in Arizona

Sun, 23 Apr 2023 21:30:50 GMT

If you have a blended family, you need a Will and/or Trust.

Wills are necessary for a reason in Arizona. If you have a blended family, you need a Will and/or Trust. As you are aware, Arizona is a community property state, but that does not guarantee you will inherit your deceased’s spouse’s (decedent’s) portion of the estate if you are intestate (without a Will). If you are married, you do not automatically receive your spouse’s portion of the estate. If you do not have a Will and/or Living Trust in place, you will most likely go to probate, at which time the Court will decide who gets what.

Arizona law provides that if there is/are a surviving issue (descendant) of the decedent, the surviving spouse gets one-half of the decedent’s separate property and zero of the decedent’s portion of community property. The decedent’s descendants get one-half of the decedent’s separate property and one hundred percent of decedent’s fifty percent of the community property. But if the decedent had no descendants or the descendants are the same as the surviving spouse, then the surviving spouse receives all of descendant’s separate property and decedent’s fifty percent of the community property (i.e., everything).

There is also the issue of what portion of the estate the descendants receive. Not all descendants are equal. It makes a difference if the descendants are brothers and sisters, children, grandchildren, etc.

Per ARS § 14-2103, paragraph 1, all or part of a decedent’s intestate estate passes by representation to the decedent’s descendants, that estate is divided into as many equal shares as there are surviving descendants in the generation nearest to the decedent that contains one or more surviving descendants and to deceased descendants in the same generation who left any surviving descendants. Each surviving descendant in the nearest generation is allocated one share. Any remaining shares are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.

There is also the issue of half-bloods. Relatives of the half-blood inherit the same share they would inherit if they were of the whole blood.

Confusing, yes. The long and short of it is that if you do not have a Will (and/or a Trust), you will most likely go to probate, where the Court decides who gets what.

Everybody’s situation is different. I am happy to discuss with you the different scenarios and what will work best for you so that your spouse, family members, or, if you wish, friends, charities or whomever, receive your inheritance without having the Court decide for you.

Bought Your Home With Your Spouse Before 1980?

Wed, 09 Feb 2022 13:30:56 GMT

Arizona Home Purchase before 1980

If you bought your home with your spouse before 1980 be sure you can sell or transfer your house with no red tape before your spouse passes.

Time to check your grant deeds if you live in Arizona. I am having to prepare a lot of probate cases related to real estate because of misunderstandings regarding the law prior to 1980’s and/or incorrectly prepared deeds. Please check your deeds to be sure that they state what you think they state.

Many married couples believe that if the deeds state “husband and wife,” which were prepared prior to the late 1970’s, then they do not have to worry regarding title because this a community property state. THAT IS INCORRECT. The deeds have to state either joint tenancy with right of survivorship or community property with right of survivorship; otherwise, if one spouse passes, then the other spouse does not have clear title to the property and, therefore, cannot sell it or transfer it to anyone else. This also affects people who are not married and held title as joint tenants, but did not include the phrase “with right of survivorship” on the deed. If they intended to have the other person inherit the property once they passed, it must have “with right of survivorship” on the deed.

Please call me if you have questions regarding your deed(s), wish me to prepare a deed to add “with right of survivorship” and/or prepare the necessary probate papers to correct the mistake.

What is the Difference Between an Attorney and a Paralegal/Certified Legal Document Preparer?

Wed, 05 May 2021 14:27:31 GMT

The Difference

What is the difference between an attorney and a paralegal/Certified Legal Document Preparer? The short answer is a paralegal/Certified Legal Document Preparer (CLDP) cannot give legal advice and/or appear in court in Arizona. In some states, paralegals/CLDP are appearing in courts on a limited basis. We are hopeful that Arizona will follow.

Nevertheless, there appears to be some confusion regarding the difference between a paralegal and CLDP. Many people use them interchangeably, such as an attorney and a lawyer. A paralegal usually works for an attorney and does not have to be certified but can be. In Arizona, legal document preparers have to be certified by the Arizona Supreme Court who state: “…Prepare or provide legal documents,

without

the supervision of an attorney, for an entity or a member of the general public in

any

legal matter when that entity or person is not represented by an attorney.” [Emphas added.] ACJA § 7-208(F)(1)(a). The Arizona Supreme Court determined the name “Certified Legal Document Preparer.”

Most people wish to hire a CLDP who has many years of experience and also has been a Certified Paralegal, with the most credentials. A Certified Paralegal will have had to pass a two-day test. If the Certified Paralegal has any advanced certifications (such as Civil Litigation, Real Estate, and/or Criminal Law), then that Certified Paralegal would be named an Advanced Certified Paralegal (AVP) and have taken another 4 hour test. A CLDP will have had to pass a 2-4 hour test and can work for the general public. A Certified Paralegal cannot work for the general public unless they are also a CLDP or work under the supervision of an attorney.

Guardianship

Sun, 14 Mar 2021 14:16:48 GMT

Do Your Loved Ones need a Guardianship and/or Conservatorship?

A major question that we may all have to consider sooner than later is whether our loved ones need a guardianship and/or conservatorship. As our parents, aunts, uncles, etc. age and/or we have children who are either mentally or physically disabled, we have to choose whether we want to become responsible for their care and finances or sadly, our loved ones become wards of the State. This is a difficult decision to contemplate; however, if you wait until it is an emergency, then sometimes it is much more difficult to deal with the various health care providers and/or financial institutions. You don’t have to have both a conservatorship and a guardianship. The guardian makes decisions for the physical wellbeing of the person and if that person receives less than $10,000 in financial support other than you, a conservatorship is not necessary. A conservator becomes responsible for maintaining all of the ward’s assets and income as well as paying any of the ward’s bills.

Each case is unique. Depending on your circumstances, you may need both or even temporary and/or emergency orders. You do not have to hire an attorney. A paralegal/certified document preparer can complete all the necessary paperwork based upon the information that you give her/him for the initial application, any emergency or temporary orders as well as continued reporting that is due on a yearly basis.

If you need help with this, please feel free to give us a call.

Which is Better: Will or Trust?

Sun, 14 Mar 2021 14:05:34 GMT

A Will or Trust Helps You Avoid Probate

As the population ages, the question is whether you need a will or a trust. If you think you are going to avoid taxes by having either a will or a trust, neither will help you on that. The best reason to create a trust is to avoid probate. Probate in Arizona usually takes at least one year, even if it is not contested. Plus, it is expensive.

If you have only the basic house and a couple of bank accounts, then you could use a will and avoid probate by completing a beneficiary deed on your house and a payable on death or transferable on death beneficiary with your bank. However, you most likely need a trust if you have complicated assets. So you ask what is “complicated.” Complicated can be if you have 3-4 bank accounts, retirement accounts, more than one house/rentals, or whether you have real estate in another state.

Further, you might want to consider a trust if you have an heir/family member that is not so good with his/her money. In that case, with a trust, you can make provisions for someone else to be in charge of their money and/or give the heir trust money at particular intervals.

On the other hand, if you believe your estate is very small, your heirs can use an affidavit for collection of personal property to distribute those assets when you pass. If your house is worth less than $100,000, then you can file an affidavit for transfer of real property. If your debts are more than your assets, then you may want to consider a will instead of a trust so that the creditor doesn’t try to make your heirs responsible for your debt. Whether you need to have a will or trust just depends on your circumstances.

Karla Wyrostek, AZCLDP #80663, Karla's Paralegal Services, Inc., AZCLDP #80664

Why It is a Great Idea to Set Up a Trust

Mon, 26 Nov 2018 14:57:14 GMT

How a Trust Can Be Helpful

As you may be aware, a will distributes your assets upon your death and a trust distributes your assets while you are living and upon your death (thus called “a living trust”). A will does not avoid probate but a trust can, if the assets are transferred into the trust before your death.

Do you have a trust already created? If so, have you transferred all your assets to the trust? Many times trusts are created, but the assets are never transferred or transferred incorrectly. If you do not transfer your assets, your trust is not worth the paper that it was printed on. Your estate will go to probate, which will cost your beneficiaries a lot of money and time, keeping your assets in limbo until they are transferred via the court.

So you ponder whether or not you have transferred your assets, but you are not sure. Look at your deeds—are they in the name of the trust or do you have a beneficiary deed naming the trust? Are your bank accounts, CD’s, mutual funds, stocks in the trust name? Do you have the beneficiaries correctly named in your insurance, 401(k), pension, etc.? Did you change the membership of your LLC to the trust? How about that corporation—did you transfer the stock into the trust?

If it’s time for a checkup, call me and I will go over your trust and assets and determine whether they have been transferred and if not, assist you in transferring them.

Various Ways to Will/Bequeath Your Home to Your Heirs

Wed, 16 Mar 2016 14:11:09 GMT

What Might Work Best for You?

Did you know that there are various ways to will/bequeath your home to your heirs while at the same time avoiding probate? You can record a beneficiary deed upon your death, record as joint tenants with right of survivorship (if other than a spouse) or if a spouse, community property with right of survivorship. BUT, what happens if you still owe money on your home? You can still do the same thing but you must check with the Mortgage Company or bank to see if there is a due on sale clause if you transfer it into a trust; otherwise, you can record a beneficiary deed until the loan is paid.

Also, did you know that if someone dies and leaves a mortgage, most institutions do not care who pays for the outstanding debt as long as it is paid. So, if a bank attempts to have you and your adult child refinance/assume your loan, you may want to consider doing a beneficiary deed, which would save you thousands of dollars in loan fees.