Probate
Attorney In Tempe
Arizona Probate And Trust Law Since 1996
Book A Consultation With Our Tempe Probate Attorney
Does Every Estate Have To Go Through Probate?
Not every estate does. Whether probate is necessary for yours decides the cost, the timeline and whether a court is involved at all. Since Arizona raised the small estate limits on September 26, 2025, more estates can be settled by affidavit, while many still need full probate. We work out at the first meeting which route yours needs, then handle it from start to finish.
- We handle the simple route too. Personal property under $200,000, or Arizona real property under $300,000, can pass by small estate affidavit with no court case (A.R.S. § 14-3971).
- If probate is needed, expect six to twelve months. It can’t close in under about four months, the time creditors have to file claims after the first published notice (A.R.S. § 14-3801).
- Filing happens in the Maricopa County Superior Court for anyone who lived in Tempe. Arizona has no separate probate court.
- Assets in a living trust, or with a named beneficiary, pass outside probate whatever the estate is worth.
- The estate pays the costs, not the personal representative out of their own pocket.
Why Probate In Maricopa County Goes Better With A Local Attorney
Probate is the court process that settles a person’s estate: it puts the will into effect if there is one, appoints a personal representative, pays the debts and passes what is left to the heirs and beneficiaries.
Arizona doesn’t run standalone probate courts the way some states do. Probate hearings sit inside the Superior Court system, so for anyone who lived in Tempe, from the McClintock neighborhood to Maple Ash near Arizona State University and south Tempe around Kiwanis Park, the case goes to the Maricopa County Superior Court.
The person named to handle the estate is usually a family member who has never done it before. Creditor notices, inventories, accountings and filing deadlines all arrive at once, at a point when nobody has spare attention for paperwork. We handle the probate process so the personal representative isn’t learning probate law on the job.
Brent Gunderson has practiced in this area since 1996.
- Estate administration through informal, formal or supervised probate
- Filings in the Maricopa County Superior Court
- Small estate affidavits under the 2025 limits
- Creditor claims and contested estates
Our Tempe Law Office
9am to 5pm Monday through Thursday, and 9am to 4pm on Friday.
Brent Gunderson opened the firm in May 1996.
Probate goes to the Superior Court for the county where the person lived.
(480) 750-7337, answered during office hours.
Our Clients’ Testimonials
Needed to consult with Adam twice for a couple of different items and hired him and his team to help me get a retirement account I was a beneficiary of when the company that was holding it were being incredibly difficult to work with. At the end, I ended up being able to get the account I was entitled to… Would not only use them again but would encourage anyone who needed a probate lawyer to use them as well.
Sean Aldrich ★★★★★
Can’t say enough about how wonderful and professional everyone here has been. Helped us through a tough long distance estate issue. I cannot recommend them enough. As a lawyer myself, I truly appreciated how well they handled everything for us.
DAVE P ★★★★★
Brent Gunderson assisted us with managing our estate trustee obligations and we found him and his staff to be highly professional and helpful in offering sound legal advice throughout the process… I would recommend Brent and his firm to anyone wanting very competent and steady legal representation.
Todd Stewart ★★★★★
Legal Support Through Every Stage Of Probate
Informal Probate In Maricopa County
Most Arizona estates settle informally, without a judge reviewing every step. We file with the Maricopa County Superior Court, get the personal representative appointed, then handle the creditor notice, the inventory and the closing.
Formal And Supervised Probate
When a will is challenged, an heir cannot be located, or the estate is complicated, the court takes a closer role. Formal and supervised probate means hearings and a judge ruling on the disputed points. We represent personal representatives and beneficiaries through it, and we tell you early if your matter looks likely to need it.
Small Estate Affidavits
Arizona raised the small estate limits on September 26, 2025. An estate now qualifies for a small estate affidavit if personal property is under $200,000, up from $75,000, or Arizona real property is under $300,000, up from $100,000 (A.R.S. § 14-3971). The personal property affidavit can be used 30 days after death; the real property one waits six months. No probate case, no court hearing. We check this first, because many estates that needed probate before the change no longer do.
Personal Representative Duties
The personal representative, Arizona’s term for the executor, is the person who runs the estate until it closes. We prepare the filings and keep the deadlines so nothing lands on them unexpectedly.
Creditor Claims And Estate Debts
The personal representative publishes notice once a week for three weeks in a county newspaper, and creditors then have four months from that first publication to bring a claim (A.R.S. § 14-3801). Known creditors get written notice, and four months from publication or 60 days from the mailing, whichever is later. Done properly it ends with later claims barred for good, which is what lets the family close the estate. Miss a step and a claim that should have been barred can come back.
Trust Administration Without Probate
Assets held in a living trust do not go through probate, but a trustee still has real duties: valuing assets, paying debts, accounting to beneficiaries and distributing. We represent trustees through that work, and our statewide trust and probate administration page covers the process in more detail.
What To Do In The First Few Weeks
A Step-By-Step Start
Protect The Estate First
Nothing has to be filed with the court in the first week. What matters early is protecting the estate, because several of these steps are hard to undo once they’ve gone wrong.
Use the early weeks to gather what the court will ask for rather than rushing a filing.
The First Five Steps
Five to ten copies. Almost every bank, insurer and registry wants its own.
A photocopy normally can’t be filed, so locate the signed original.
The house, the vehicles, and anything else that can be taken or damaged.
Use estate money rather than your own, and keep the receipts.
Not even sentimental items. Assets are hard to recover once they have left.
Flexible Payment Options For Probate Matters
What probate costs follows the route the estate takes. A small estate affidavit is the cheapest and fastest. An uncontested informal probate is predictable enough to quote in advance. Formal or contested probate costs more, because the court sets the pace. There are three ways to pay for it.
Full Representation (Traditional)
We handle the matter start to finish and bill for the time it takes. This suits an estate where the scope isn’t clear at the outset, such as one with unknown creditors, a missing heir, or property that has to be sold before anything can be distributed.
Full Representation (Fixed Fee)
One agreed price for the whole matter. This works when the estate is straightforward and the steps are predictable, which covers most uncontested informal probates.
Single Task Probate Help, Pay Only For What You Need
Some families want only the filings prepared, or the creditor notices handled, or a second opinion on whether probate is required at all. Pay for that piece and handle the rest yourself.
Why Tempe Families Trust Us With Probate
Arizona trust and probate work since 1996, filing in the Maricopa County Superior Court.
01
Three Decades Of Trust And Probate Work
Brent Gunderson has handled trust and probate matters since opening his own firm in 1996, after running the estate planning practice at Brown & Bain in Phoenix. He holds a law degree from Columbia and Martindale-Hubbell’s AV rating, and belongs to NAELA, STEP and the East Valley Estate Planning Council.
02
We Tell You Which Route You Need First
Before quoting anything we work out whether the estate needs formal probate, informal probate, or no probate at all. Families often arrive expecting the most expensive route and leave on the cheapest one. Since Arizona nearly tripled the small estate limits in September 2025, the cheapest route fits many more estates than it used to.
03
Accessible & Responsive
Probate runs on court deadlines, and the important ones aren’t flexible, so a slow reply costs the estate time it may not have. We answer, we tell you what the next filing is and when it’s due rather than waiting to be asked, and you hear from the people actually working the file.
04
In-Depth Local Knowledge
We work in the Maricopa County Superior Court regularly, and our office sits on East Southern Avenue in Tempe, minutes from the families we act for.
05
When A Probate Turns Contested
Most probate work is administrative and should stay that way. When it does turn contested, over a will, a trustee, or a personal representative who is not doing the job, we handle that rather than sending you elsewhere.
FAQs About Probate In Arizona
Find Our Probate Law Office In Tempe
1400 E Southern Ave Suite 850
Tempe, AZ 85282
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Speak With A Tempe Probate And Trusts Attorney
1400 E. Southern Ave. Suite 850
Tempe, AZ 85282
Monday to Thursday 9am-5pm
Friday 9am-4pm
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This information is general and not legal advice. Every case is different. Talk to a licensed Arizona attorney about your situation. Contacting this firm or reading this page does not create an attorney-client relationship. Your situation may differ. The general information here may not apply to your specific facts. Talk to an attorney about your circumstances. Licensing and credentials are current as of the last verified date on file. Verify active status with the issuing authority.