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Chandler 480.264.5106 | Tempe 480.491.3216

Court Document and Deed Preparation

Under certain circumstances, it may be appropriate for you to have court documents prepared without a Praesidium Law attorney being the attorney of record in your matter.

Assistance with Preparation of Court Documents – Flat Fee Services

After an initial consultation, we will discuss various options available to achieve your goals. Should you decide that you only need assistance with preparing documents to take possession of property or get appointed as a personal representative (executor), guardian and/or conservator, Praesidium Law will charge a flat fee for our services. All filing fees and other costs are included. There will not be any additional hourly fees – unless you need assistance.

To get started, we simply gather the necessary and correct information from you. We will draft the pleadings or documents, and file and record them as needed. The goal is for you to have a document that is ready for presentment to others that evidence your legal authority.

Informal Appointment of Personal Representative (Executor) With or Without a Will

An informal appointment of personal representative is the quickest and cheapest way to get appointed as the personal representative of a decedent’s estate. There is no hearing before the court – just many pleadings to be completed and filed. Praesidium Law can typically get someone appointed in five days or less depending on the circumstances.  Contact us for more details.

Affidavit for Collection of Personal Property

An Affidavit for Collection of Personal Property is used to give you the right to collect personal property of the decedent no sooner than thirty days after his or her death, so long as you are legally entitled to the property. Personal property can include personal belongings, vehicles, bank accounts, etc.  This does not include real property – which is land or a home. 

The Affidavit can only be used if the total estate value (estate’s total assets minus the estate’s debts) is less than $75,000.00, and a personal representative has not been appointed, and no one else is seeking appointment. The Affidavit is not filed with the Court, but signed by you, under oath before a Notary Public. Contact us for more details.

Affidavit for Transfer of Title to Real Property

An Affidavit for Transfer of Title of Real Property is used to give you the right to collect real property of the decedent no sooner than six months after his or her death, so long as you are legally entitled to the property.  Real property can include a home, lot, land, etc. The Affidavit can only be used if the total value of the real property is less than $100,000.00 (property value minus liens and encumbrances), and a personal representative has not been appointed, and no one else is seeking appointment.  The Affidavit is filed with the Court, after it is signed by you, under oath before a Notary Public or the Clerk of the Court. Contact us for more details.

Proof of Authority

A Proof of Authority is used when the decedent has property in Arizona, but you were appointed as the personal representative (or executor) in another state. Arizona requires that you file the Proof of Authority here in Arizona. Once the Proof is reviewed, approved, and certified by the Court, you will have the same authority in Arizona as a duly appointed personal representative. You can then take possession of the decedent’s property and take actions on behalf of the estate. Praesidium Law can usually have the Proof of Authority issued within five days, depending on the circumstances. Contact us for more details.

Guardianship Report and Conservatorship Accountings

A guardian is required to file an annual report with the court regarding the status of the ward. This includes information about the ward’s physicians, benefits, services, and assets. The first report is due nine months after your appointment as guardian, then annually thereafter.

Conservatorship accounting is similar but deals only with finances. The accounting must provide an explanation for every single cent of the ward’s (or protected person’s) estate used by you, the conservator. If the accounting is not done properly, the court accountant will not approve it and require you to fix the errors until you get it right. Contact us for more details.

Deed Preparation

Praesidium Law is willing to prepare deeds for transfer of title to real property, subject to a limited scope representation. Some examples of preparable deeds are:

  • Deed of Distribution.
  • Special Warranty Deed.
  • Quit Claim Deed (only under special circumstances; these are not liked by title companies).
  • Spousal Disclaimer Deed.
  • Beneficiary Deed.
  • Corrective Deed.

Request a Free Consultation with Praesidium Law

Estate plans can be pretty simple, or very complex, so let’s talk about yours. To request a free consultation regarding your estate plan, please complete the form below.

Please do not send any specific confidential information without speaking with a member of the Praesidium Law team first (see Disclaimer below).

 

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