Name: John Even
Address: 1221 East Osborn Road, Phoenix, Arizona, 85014
Telephone: 602-277-7000
Price range: Free 30 Minute Consultation
Rating: 4.9

Free 30 Minute Consultation 602-663-9263

When most people think of probate, they think of proving up a Will by going to Court, but they have no idea how that happens. Although different states have different statutes for dealing with probates in their state, in Arizona, there are essentially two different ways to administer a Will in probate, either formally or informally.

Two Ways to Open a Probate Case

In Arizona, you can open a probate case either formally or informally. Opening a probate formally requires filing a petition with the Court and having a hearing before a judge to make various decisions about the administration of the Will. Typically, a formal probate is required if there is an issue with the Will itself, one or more of the heirs need to be determined by the court or cannot be found, or the parties want the court to supervise the administration of the Will (perhaps because there is a pending dispute or potential dispute). On the other hand, under Arizona law, an informal probate is permitted to be opened by the probate clerk’s office when there is a valid, properly-drafted Will with none of the above issues or if there is no Will and all of the potential heirs have signed the necessary consents to appoint one of the family members as the Personal Representative.

Two Ways to Close a Probate Case

In addition, in Arizona, there are two different ways to close a probate case, either formally or informally. Closing a probate case formally requires a hearing before a judge, whereas closing a probate case informally can be done through the probate clerk’s office. If there are any issues with a particular transaction in the estate, the accounting in the estate, the proposed distribution, or the Personal Representative wants to be discharged more quickly, then a formal closing is a better option. Alternatively, in cases without these complications, you can close a probate case by filing a closing statement with the probate clerk’s office. However, just because you start a probate case formally does not mean that you can’t finish it informally if a formal closing is not needed.

Avoiding Probate Altogether is Still Best in Most Cases

Although there are two options for probating a Will in Arizona, this does not mean that going through the probate process is recommended if you can avoid it. In general, it makes sense to try to avoid probate because (1) probate is generally a much more public process than a trust administration due to court filings which are public record; (2) probate generally takes longer to administer than trusts if there are no estate tax issues; and (3) probate is generally more expensive to administer as a result. In my previous blogs, I have discussed different ways to avoid a probate, but the best way to do so is generally by creating a revocable living trust and then titling your assets in the trust properly.

If you need help with any probate matter, please call me today – 602.277.7000

John Even

Our firm has helped hundreds of families just like yours handle a wide variety of estate planning, probate, business planning, and elder law issues. When families or business owners are not getting along, we can also handle any disputes and litigation related to their businesses, wills, trusts, guardianships, or conservatorships. Please give me a call, so that I can help you work through these difficult issues with confidence.

By John Even | Published December 1, 2014 | Posted in Probate and Trust Administration

Testimonials

"Thank you for my peace of mind, knowing that my estate and medical attention are in place for my children to handle easily. I appreciate your expertise covering areas I was unaware I should address. John and his staff were very professional and efficient in my estate amendment. I highly recommend this office." -Chris February 28, 2025
"One of the best decisions I ever made was selecting John Even to oversee settlement of my mom’s estate/trust. His wisdom and insight on reaching a positive outcome for each family member was priceless. Without his patient encouragement over three years, I would have settled for a bad compromise early on. Each meeting was concise and educational. John only proposed a meeting when necessary, saving our estate thousands of dollars. " -Bradley December 03, 2024
"It was a pleasure to work with Attorney John B. Even and his excellent legal assistant, Emily, and paralegal, Jacqueline. This competent team seamlessly worked to develop our Will and Family Trust. Mr. Even patiently explained each document to us. John is a knowledgeable and compassionate attorney with a deep understanding of the law and a great ability to clearly explain complex legal issues. " -Rita November 22, 2024
"I enjoyed working with him and his team - everybody was delightful, and they made the process very easy. John is warm and friendly, impressively knowledgeable and explained all the details in simple terms for me to understand. I now have peace of mind about how my assets will be distributed and wishes will be carried out and know that my loved ones won't be burdened by debate, hassle, or financial hardship if I ever end up incapacitated." -Mirelle April 18, 2024
"We have known John Even for many years. So, I will say that he was our first choice. I get many advertisements in the mail for trusts and estate planning and at various prices. I called a few of them. We stayed with John for several reasons. He had a flat fee with us. So there was NO chance of getting billed extra hours for this and that. Which is often the cast once you sign on the dotted line. John was very explanatory about the process of setting up a trust, He looked at all our information. our children, accounts, and many things I had never considered. This was what I needed to get clear on the whole process. " -Thomas January 28, 2024
"Attorney Even and his staff are professional, personable, responsive, and clearly expert in the estate planning world. The time spent gathering our information allowed Mr. Even to produce thoughtful, custom documentation that will serve us well. The print and electronic versions of our records that were provided will make maintaining them, and sharing them as appropriate, very easy...a real plus." -Larrh January 24, 2024
"Our Estate Planning journey with John B. Even and his team was a “5 Star” experience! John’s character, values, and knowledge was evident throughout the entire process. John and his team listened carefully to our wishes, and yet, asked great questions to help us collaborate on exactly the right Estate Plan. We would highly recommend John and his team!" -Rob & Terri September 25, 2023
"Once I made my initial call to Mr. Even‘s office I never looked back – great decision! His staff is courteous, caring and efficient. Mr. Even is professional, highly knowledgeable, good listener and adviser. I highly recommend Mr. Even. It is a privilege to have him on my team!" -Trusts & Estates May 14, 2018
"John is an excellent wordsmith, and did a great job of putting my thoughts, ideas, and issues into a clear legal document. I have known and worked with him for 25 years on business issues, including business purchases, of two companies and then selling them for retirement. He is also a delightful person to work with and has an excellent group of to-workers." -Estate Planning May 3, 2018
"He was willing to spend time explaining things." -Estate Planning February 24, 2018

Reviews and Ratings

5.0/5.0

I have known John Even professionally for 20+ years and he displays the highest level of integrity and honesty in serving his clients.

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Marketing Partner
5.0/5.0

He is an excellent attorney, very knowledgeable, and very helpful to the community.

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Managing Partner
5.0/5.0

I have always been very impressed with John as an attorney, but perhaps most importantly, as a really great person of the highest ethics. I highly recommend John for the highest Martindale Hubbell rankings.

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Partner
5.0/5.0

John is a highly competent and ethical attorney working in the area of estate planning. I have worked with Mr. Even on several cases, both on opposite sides and the same side of issues. He is very professional, thorough and fair.

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Partner
5.0/5.0

i would hire this lawyer for my mother

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Managing Partner