Gilbert Probate Attorney
The passing of a loved one is never easy. We assist with the probate and trust administration process, easing your burden and saving you stress during a difficult period.
A range of services to guide you through every aspect of settling your loved one’s estate.
Estate Administration
Guiding you through the complexities of estate administration, including managing assets, settling debts, or navigating disputes among beneficiaries, our inheritance attorney has the in-depth knowledge and experience needed to efficiently handle even the most challenging aspects of estate administration.
Trust Administration
Trust administration involves the management and distribution of assets held within a trust, ensuring that the trustee fulfills their fiduciary duties according to the terms set forth in the trust document. This process can be intricate, requiring a deep understanding of both legal and financial principles. Our team is here to provide guidance throughout the trust administration process, helping you fulfill your responsibilities and honor the trust creator’s wishes.
Probate with a Will
When a loved one passes away with a will, the probate process involves validating the will, distributing assets according to the deceased’s wishes, and settling any outstanding debts. Our team is here to guide you through each step, ensuring that the probate process is handled smoothly and efficiently, while honoring the intentions outlined in the will.
Probate without a Will (Intestate Administration)
When a loved one passes away without a will, the process of intestate administration can be complex and emotionally taxing. In this situation, the court determines how assets are distributed according to state law, which may not align with your loved one’s wishes. Our team is here to guide you through the intricacies of intestate administration, ensuring that the process is managed efficiently and with care, while protecting the rights and interests of the heirs involved.
Contested Probate
Contested probate arises when there are disputes over the validity of a will or disagreements among beneficiaries regarding the distribution of assets. These disputes can be emotionally charged and legally complex, requiring skilled navigation to resolve. Our team is experienced in handling contested probate cases with sensitivity and expertise, working diligently to protect your interests and reach a fair resolution, whether through negotiation or litigation.
Probate Litigation
Probate litigation occurs when conflicts arise during the probate process, such as disputes over the validity of a will, allegations of undue influence, or disagreements among heirs. These legal battles can be both emotionally and financially draining. Our probate litigation attorney is equipped with the experience and knowledge necessary to effectively represent you in probate litigation, advocating for your rights and pursuing a resolution that aligns with your best interests, whether through negotiation or courtroom litigation.
Trust Litigation
Trust litigation arises when disputes occur over the terms or management of a trust, such as allegations of breach of fiduciary duty, mismanagement of trust assets, or disagreements among beneficiaries. These conflicts can be legally complex and emotionally charged, requiring a skilled trust litigation attorney to protect your interests.
Guardianship and Conservatorship
Guardianship and conservatorship involve legal processes where a court appoints an individual to make decisions on behalf of someone who is unable to manage their own affairs, whether due to age, disability, or incapacity. These roles carry significant responsibility and require careful oversight to protect the well-being and financial interests of the person under care.
01
Schedule a Consultation
Request a consultation to review and discuss your estate settlement.
02
Settle the Estate
Get the guidance and protection you need to quickly and fairly settle your estate while avoiding family conflict.
Find Peace
Feel at peace knowing your loved one’s wishes have been honored.
Meet Whitney Sorrell, Probate Attorney serving Gilbert, AZ
As a nationally-recognized estate planning attorney, Whitney Sorrell brings a deep understanding of estate law to help clients navigate the complexities of probate and trust administration. His commitment to honoring your loved one’s wishes, while fostering cooperation among all parties, makes him an invaluable ally, particularly in challenging family or legal situations.
Whether you need clear guidance or strong protection against assertive creditors, working with Whitney Sorrell ensures that your loved one’s estate is handled with great care and attention.
JD, MBA, LLM (Tax)
Certified Public Accountant
Former IRS Agent
30+ Years of Experience
Disclaimer: Photographs contain actors to protect client confidentiality.
Be advised that every case is unique, and past results do not guarantee a favorable outcome.
“ASSETS WERE IMMEDIATELY PROTECTED”
Whitney and his team did an outstanding job helping me quickly settle my late father’s estate and make sure the assets were immediately protected after changing hands.”
“THE BEST CHOICE”
“I needed to be legally protected while settling my mother’s estate & Whitney Sorrell was the BEST choice. I interviewed 6-8 attorneys and I am very satisfied with my choice to work with Mr. Sorrell. He knows his stuff, does his homework, and fights for you. He is not intimidated by the opposing team. He negotiates with finesse. I would hire Whitney Sorrell every single time.”
“WORKED SEAMLESSLY”
“I can’t thank Whitney, Ben, and the staff enough. They solved what was a very complicated estate matter involving the transfer of inherited interests in several LLCs, worked seamlessly with an attorney in another state, and did so expeditiously and at a reasonable cost.”
Common Questions
How much do you charge?
The cost and fees associated with probate or trust administration vary depending on the complexity and length of the case. But we offer affordable flat-rate fees for uncontested probate and competitive hourly rates for probate and trust administration.
How long does this process take?
Every case is different, but we are usually able to help clients settle their estate in less than a year — in some cases as little as 7-9 months. Our goal is to work efficiently and help you settle both quickly and fairly. While other attorneys might allow your case to drag out as they continue to charge you, we want to help you and your family close this chapter as soon as possible.
Must I pay my loved one's debts and expenses if I am appointed as the PR?
No, you are not personally liable for the debts and expenses of the estate. The decedent’s assets will be used to pay valid debts and expenses, but not all claims are valid. We determine which debts and expenses must be paid and when to pay them.
Am I the one that has to tell family members what they do or don't get?
If you prefer, we can handle all uncomfortable communications with family members or involved parties during the trust or estate administration, informing or explaining what they will or will not receive from the estate.
Frequently Asked Questions (FAQ’s)
How do I avoid Probate?
Avoiding probate in Arizona might be an option for those planning for the future, but it’s important to recognize that it may not be an option if you’re dealing with a recent loss.
For those looking ahead, creating a living trust, designating beneficiaries on accounts, and utilizing joint ownership can bypass the probate process, ensuring a smoother transition of assets. If you’re currently facing the probate process, our experienced team is here to guide you through each step, providing support and expertise to make the journey as straightforward as possible.
What is the purpose of probate?
The purpose of probate is to settle a deceased individual’s estate through the probate court. It involves validating the decedent’s will, appointing someone to manage the estate (the personal representative), paying the estate’s debts and taxes, and distributing the remaining assets to the rightful heirs. The process also includes handling legal matters such as settling liabilities, transferring ownership of assets, and formally closing the estate, making it essential for the proper administration of a decedent’s affairs.
How much is a probate lawyer in Arizona?
The cost of hiring a probate lawyer in Arizona can vary widely based on the complexity of the estate, the lawyer’s experience, and the specific services required. Generally, fees range from $1,000 for simple cases to thousands of dollars for more intricate situations.
At Sorrell & Strickland, we understand that dealing with probate is often an emotional and challenging time, so we strive to offer transparent and fair pricing tailored to your unique needs.
Do you need a probate lawyer for probate in Arizona?
In Arizona, hiring a lawyer for probate isn’t always required, but it can be incredibly helpful, especially if the estate is complex or if disputes arise. Navigating the legal intricacies of probate can be overwhelming, and a skilled probate lawyer can guide you through the process with expertise and compassion.
Do you need a probate lawyer for probate in Arizona?
Whether or not the estate needs to go through probate depends on what the decedent’s (the person who passed away’s) estate planning documents say (if there are any.) If there is no will, then…
If the person left behind personal things (like money, jewelry, or cars) worth more than $75,000, probate might be needed.
If the person left behind real estate (houses or land) worth more than $100,000, probate might be needed.
Of course, if these assets were titled in the name of the decedent’s living trust prior to death, probate is likely not needed.
What are the different types of probate in Arizona?
Informal Probate
This is the less complicated route, ideal when everything is in order and there are no disputes. While it’s more straightforward, it can still take 12 months or more. Patience is key here.
Formal Probate
Formal probate is often necessary when there are questions about the will or if a Personal Representative (PR) needs to be appointed by a judge. Once the PR is appointed, the process may become relatively unsupervised, allowing for more flexibility. It’s a blend of structure and autonomy that can suit various situations.
Supervised Probate
For complex or contentious situations, the court oversees everything. It’s thorough and ensures that everything is done by the book, but it can be quite involved.
Estate Administration with Small Estate Affidavits
If the estate’s value is below certain limits, you might qualify for this more streamlined process. It’s a helpful option for smaller estates but still requires careful attention to detail.
Property Title Transfer
This specialized path is used when the only thing left behind is real property, like a house, and there are no other debts. It’s a focused way to transfer the property title.
Ready to Navigate Probate in Gilbert? Contact Our Probate Attorneys Today
Selecting a skilled probate lawyer is crucial for minimizing the risk of prolonged estate disputes. We streamline the process, allowing you to focus on what matters most.
At Sorrell Estate and Probate, we manage the details, providing clear guidance so you can navigate probate with assurance and peace of mind.