[0:01] Welcome to probate problems and practical solutions.
[0:05] Welcome back to probate problems and practical solutions
[0:12] with Carly Whiteside, owner of Copper WRen Law in Mesa, Arizona.
[0:17] Copper WRen Law focuses on probate, probate litigation,
[0:20] guardianship, conservatorship, and trust administration
[0:24] across the state of Arizona.
[0:26] I'm LeAnn Lyon, and today we are talking about privacy in probate
[0:31] and what part becomes part of the public record in Arizona?
[0:37] And we'll cover what information is filed with who can access it
[0:41] and how many families can approach probate with privacy in mind.
[0:46] Hello, Carly. How are you today?
[0:48] How are you?
[0:49] Great to see you as always.
[0:51] So, Carly, when a probate case is filed in Arizona,
[0:55] what information typically becomes part of the public record?
[1:00] Record.
[1:01] So, when we file a probate in Arizona or any kind of basically court action,
[1:05] it is public record, unless it's sealed.
[1:09] Most cases that are sealed, it's because there's a minor involved,
[1:12] i.e., it's a conservatorship matter.
[1:14] And so we don't want anybody to just be able to go down and pull records on a minor.
[1:19] But probates are open.
[1:22] The only documents that are basically not part of the public record
[1:26] is something called a probate information sheet.
[1:29] That is something that we prepare in the beginning to open the matter.
[1:32] And it has personal details for the person asking to be the personal representative,
[1:36] as well as the decedent.
[1:38] It will include sensitive information such as data birth, data death, social security numbers.
[1:43] And so that is so the court can open the file and open the matter
[1:47] and know who's, you know, make sure it's the right decedent, right person.
[1:51] We don't have any overlap to cross-reference.
[1:55] And that gets filed under seal.
[1:58] It's something someone can go down and pull.
[2:01] A lot of my clients are uncomfortable giving me that information.
[2:04] And once I explain that that is not part of the public record, we're usually good to go.
[2:09] A couple other things that are not part of it is when we do the inventory.
[2:13] So the list of assets in the estate.
[2:16] Instead of filing the inventory with the court, we file something called a proof of mailing,
[2:21] which says, hey, I said the inventory to the people it was supposed to go to.
[2:26] It doesn't get a copy of it.
[2:28] So that way no one can pull, you know, addresses, bank account numbers, institutions,
[2:33] private information that really doesn't have anything to do with anything.
[2:37] And then the other document that would not be part of the record if it's not filed,
[2:42] is the accounting.
[2:44] The accounting is at the end where we show all the money that came in,
[2:47] all the money that went out to creditors, you know, to us.
[2:51] If they had to hire, you know, a CPA, if there was a tax bill,
[2:55] and then it basically lays out what the, what the split is of at the end.
[3:00] Okay, here's, here's it all.
[3:02] And what we will do is we will file a proposed distribution plan with the court that lays the numbers out.
[3:09] But as far as like the bank statements, the creditors statements, all that,
[3:14] that does not get filed. It's similar to the inventory where we tell the court,
[3:18] hey, we mailed this out to the right people.
[3:21] There are situations where you need the court to approve the accounting.
[3:26] At that case, you would file a petition.
[3:28] But the accounting would be filed under seal as a restricted document.
[3:32] So the judge can see it, the court can see it.
[3:35] But no one can just go down and pull that inventory and see all the documents.
[3:39] So it's pretty rare that I have to get an accounting approved.
[3:43] Most of the time that we can work with people outside a court to take care of that.
[3:47] So who is able to access probate filings and how are those records typically viewed or used?
[3:55] So anyone can go down and pull any file that's not sealed.
[3:59] There is a records request form in Maricopa County specifically where you put your name,
[4:05] the parties, the case information, and what documents you're requesting.
[4:09] The court holds on to that.
[4:11] So if there's ever an issue later, we can see who requested the documents.
[4:15] What I have seen people use the probate documents for on this is going to sound kind of yucky.
[4:22] There are real estate investors that will go pull the fresh probates to get the contact information for the person that's becoming appointed.
[4:31] And they will start bombarding them to buy the estate property.
[4:37] Creditors will pull the file to see who the right person is to send it to.
[4:42] So those are really the two that would access these files and use them.
[4:48] I don't necessarily see somebody going down and pulling the files just because they're curious.
[4:55] But it is public record and it is open.
[4:58] Are there differences in privacy depending on the type of probate proceeding or are they mostly handled the same way?
[5:06] They are mostly handled the same way.
[5:08] Again, there are certain things that would get filed under seal if they needed to be.
[5:13] But yes, most probates are all the same, even if it's informal, formal, supervised.
[5:20] The only difference is if it's like I'd mentioned a sealed matter which centers around a minor.
[5:27] So if they're supposed to get money from the probate and so we need to open a conservatorship, that gets sealed.
[5:34] Because only basically the law firms involved or the parents can get the documents from that case.
[5:41] So what point of the probate process do the filings become publicly accessible?
[5:46] And more to the point, do those sealed documents, maybe even for a minor when they become an age of majority, do they become publicly accessible later?
[5:56] So as soon as we file things with the court, they are usually available two to three business days later.
[6:02] So it is immediate.
[6:03] We do not go through the probate process and then they publish the case.
[6:06] It is open the whole way through.
[6:09] And then to answer your question regarding minor matters that are sealed, they do not come unsealed.
[6:16] They say sealed forever.
[6:17] So if we have to deal with things after they've already reached the age of majority, they stay sealed.
[6:23] And the court will not even email minute entries, they will mail them.
[6:28] And it's actually kind of, it's a pain because we have to rely on the mail.
[6:34] They won't email things, they won't send things.
[6:37] And so there's a delay in getting orders, minute entries, like it just adds an extra layer that makes it difficult.
[6:42] But no, they will not unseal them after they turn age of majority, even if we're still active in there or doing something in there.
[6:52] I think that's good to know.
[6:54] Thank you for sharing that.
[6:56] Are there ways to limit unnecessary disclosure while still meeting the court requirements?
[7:03] Honestly, as long as you are, if you can, sending out the inventory, sending out the accounting, you know, to the beneficiaries, not filing with the court, if you don't have to, or protecting it, if you do have to get it approved by the court.
[7:20] That's really, that's really all we can do. We can't ask to seal a whole matter because somebody wants to be private. Unfortunately, that's just kind of how it goes.
[7:31] Also, if we have to do a formal probate where we need a judge, I have to publish notice of that hearing in a local newspaper. So it goes out to the world.
[7:41] When we do a notice to creditors, it also has to be published in a newspaper. So again, we're giving everybody notice.
[7:48] So we limited as much as we can with keeping the sensitive information out of the docket if we can, but or sealing it if it needs, if the judge needs to look at it.
[7:59] But there's not much you can do for the regular filings as we move through the process.
[8:06] I still find it so fascinating that you know, the publishing and a newspaper thing is still a thing.
[8:13] Obviously, it made sense in the past. But you wonder, you know, of course, people who are interested, they're going to be looking if they know that that's where it's going to be.
[8:23] But it's just the fascinating kind of antiquated thing, or am I just, am I in my head about this?
[8:29] No, I definitely have that conversation with myself of why are we still doing this? Who even reads the newspaper anymore?
[8:36] Genuinely, we get most of our stuff from online content. Newspapers are not what they used to be.
[8:42] The other part of that requirement I think is a little antiquated is you have to send notice via certified mail.
[8:49] And a lot of the times people will not pick up their mail because it's just we rely on our email, we rely on our text, we rely out, you know, and so people aren't looking in the actual mailbox.
[9:01] And that is part of our statute here for notifications requirement. That's how we send everything out when we do the accounting, the inventory, it goes by mail.
[9:12] So it, yes, I think it is antiquated.
[9:16] Do I necessarily think we should replace it with email? No, I don't think we should. I think it'd be a nice backup.
[9:22] We can't get an address. Somebody won't accept service. Like, hey, can you at least send this to me an email and they can, you know, sign something that says I got it electronically.
[9:32] There's some different stuff there, but has it stands now, this is just kind of what we have to roll with. But yes, it is funny that we have to, I have a company where I send them the notice and they publish it in the local newspaper in every county in Arizona.
[9:45] And they send them, hey, it's Mojave County, it's Maricopa County, here you go. And they go, okay, and they format it and get it sent off. But yes, it is, it is funny to tell people that we still have to do that.
[9:55] And yet it's also important for people to know email isn't secure, you know, and be very careful. I always tell people that work with me. Yeah, I'm going to create a drop box for you or I'm going to create a, you know, a document file for you that is secure.
[10:10] I'm sure you do the same. I know you do the same. Right. Right.
[10:15] It would just be nice if we could send the notice of hearing and the petition out, if we have a hearing, you know, stuff that's maybe not super sensitive. It's public anyway.
[10:25] That kind of stuff just for ease, but I completely understand making sure that people actually have the notice they actually know what's going on.
[10:33] And I've had hearings get continued and I've had things drag out because we couldn't get an address.
[10:39] We had to hire a private investigator to find an address and try them.
[10:43] It's just part of it. And so a lot of people I don't think.
[10:47] So about that, it makes sense when you talk about it, but when they come in to start probate, they're like, well, why do I need to give you everybody's address.
[10:55] That's how we're going to notice them. And then everybody's like, that's super antiquated. And I'm like, yep.
[11:04] But let's talk about trust administration for a moment.
[11:07] How does trust administration compare to probate when it comes to privacy?
[11:14] So the trust administration's are handled completely outside of court. Obviously, if they're contested, all bets are off. We filed a matter, but I just normal trust administration where everybody's fine, it's private.
[11:27] The only thing that potentially gets put out into the universe is a notice to creditors similar to a probate that says, hey, if this person or trust owed you money, now's the time that gets published.
[11:39] And then if there is a piece of real property here in Arizona, we have to file an affidavit with the county recorder's office where the property is located that says, hey, these people made the trust, these people have passed away, the new trustee is this person.
[11:56] So they're able to take control of property i.e. selling it, renting it, transferring it. And so that's more of showing the recorder's office who has authority to basically deal with the property, rather than giving people notice.
[12:12] But everything else in a trust administration is private by mail directly to the beneficiaries. So if anybody has concerns about privacy, and that's a big, big concern of yours, and even though it's like, hey, I just I don't want this on the record.
[12:26] Go in, get your trust done here in Arizona, make sure you funded it, which means make sure you get everything into your trust, because if you don't, then we have to do a probate.
[12:36] And hopefully there's a poor overwhelm. That's a whole other thing. I won't go off on tangent. So a lot of people will do a trust because of the privacy aspect. I know personally, like obviously with what I do, all of my stuff is taking care of, but I would not want my business in the probate court after what I do in my life.
[12:58] There's other attorneys that know me. There's people that know me. I don't necessarily need them jumping in and seeing what's going on, you know, with the business, my personal assets, I, you know, my daughter, that's none of y'all's business. So for me, that was my biggest motivator wasn't my asset yet, because a lot of a couple of reasons you would go is you have a change in life marriage, kid house, go get that done or privacy.
[13:24] And so if you're a very private person and you want this stuff, not basically out there, I would very much encourage you to meet within a state planning attorney to see what you can take care of and basically wrap up so you don't.
[13:38] As much as you can, there's hopefully not a probate that gets opened for you when the time comes.
[13:45] Yeah, I, I set up our trust when our children are young, didn't need it, their adults know, but, you know, the security and knowing that that was taken care of, that they would be taken care of was so important.
[13:58] And, you know, I just, I can't, I'm just going to double down and say, if you don't have a trust, go talk about it, go learn about it, go find out how much this can save your family.
[14:11] A lot of pain and agony and apparently a lot of privacy. So when disagreements do arise between beneficiaries and this can happen in Wales and trusts, but does the public nature appropriate, especially affect how those conflicts play out.
[14:29] I wouldn't think so. I don't know anybody that's kind of trolling the probate courts and pulling files and reading stuff. There might be someone who does that.
[14:39] There's probably some money. There are weirdos everywhere, right? I mean, it's the way the world goes around. We need some flavor. So I'm sure there's somebody that's doing that.
[14:50] But no, whether we're doing just an informal, a formal litigation, it's out there, unless we've asked it to not be out there.
[14:59] There are parts of litigation that don't make it onto the docket. Like we don't file deposition transcripts.
[15:05] You don't file, you know, bank records. If we do, they're highly redacted or we ask them to be sealed. If we think the court needs them unredacted.
[15:14] So again, the same kind of logic applies to what's a sensitive document with sensitive personal information.
[15:22] Those are a wrap up today's episode. And this is for somebody concerned about privacy while handling in a state.
[15:30] I think I know your answer, but what should they keep in mind before moving forward?
[15:35] So if they're handling a probate matter, just know that the things that are truly sensitive, we can keep outside of the court.
[15:43] But unfortunately, there are check marks and we are going to have to file things. And I know that makes some people uncomfortable, but we have to, we have to adhere to Arizona law.
[15:53] So Arizona has decided that wills have to be probated. And so that's just kind of what we have to do. It's not anything you can control.
[16:03] And, you know, you can find some solace in the fact that like, nope, the state of Arizona is making me.
[16:09] I don't have to like it, but I have to do my job. So that's, that's what I tell people is give yourself a little slack.
[16:16] You know, this isn't anything that you can necessarily control in a, in the big picture.
[16:23] Or better yet prevent probate.
[16:27] And, but a lot of the people that have the concerns are the ones that are appointed. And so the person was supposed to be doing the stuff is no longer here to do the things.
[16:37] Well, and I appreciate what great care you give to those people. You know, that's one thing I've noticed in all the episodes we've done together, just the heart that I hear behind you.
[16:48] So I appreciate that. That's definitely why I got into it.
[16:53] Well, to our audience, that is it for today's episode of probate problems and practical solutions with Carly Whiteside of Copper WRen Law.
[17:02] To learn more about how Carly and her team help Arizona families navigate probate guardianship and trust administration with clarity, visit copperwrenlaw.com.
[17:14] Thanks for listening. And remember to subscribe, share this episode with somebody who needs to hear it.
[17:20] And leave a review so more families can find the guidance that they need.
[17:25] Great to see you, Carly. Thank you.
[17:27] You too. Thank you.
[17:29] Thanks for watching. Be sure to hit that like and subscribe button and leave us a review in the comments.
[0:05] Welcome back to probate problems and practical solutions
[0:12] with Carly Whiteside, owner of Copper WRen Law in Mesa, Arizona.
[0:17] Copper WRen Law focuses on probate, probate litigation,
[0:20] guardianship, conservatorship, and trust administration
[0:24] across the state of Arizona.
[0:26] I'm LeAnn Lyon, and today we are talking about privacy in probate
[0:31] and what part becomes part of the public record in Arizona?
[0:37] And we'll cover what information is filed with who can access it
[0:41] and how many families can approach probate with privacy in mind.
[0:46] Hello, Carly. How are you today?
[0:48] How are you?
[0:49] Great to see you as always.
[0:51] So, Carly, when a probate case is filed in Arizona,
[0:55] what information typically becomes part of the public record?
[1:00] Record.
[1:01] So, when we file a probate in Arizona or any kind of basically court action,
[1:05] it is public record, unless it's sealed.
[1:09] Most cases that are sealed, it's because there's a minor involved,
[1:12] i.e., it's a conservatorship matter.
[1:14] And so we don't want anybody to just be able to go down and pull records on a minor.
[1:19] But probates are open.
[1:22] The only documents that are basically not part of the public record
[1:26] is something called a probate information sheet.
[1:29] That is something that we prepare in the beginning to open the matter.
[1:32] And it has personal details for the person asking to be the personal representative,
[1:36] as well as the decedent.
[1:38] It will include sensitive information such as data birth, data death, social security numbers.
[1:43] And so that is so the court can open the file and open the matter
[1:47] and know who's, you know, make sure it's the right decedent, right person.
[1:51] We don't have any overlap to cross-reference.
[1:55] And that gets filed under seal.
[1:58] It's something someone can go down and pull.
[2:01] A lot of my clients are uncomfortable giving me that information.
[2:04] And once I explain that that is not part of the public record, we're usually good to go.
[2:09] A couple other things that are not part of it is when we do the inventory.
[2:13] So the list of assets in the estate.
[2:16] Instead of filing the inventory with the court, we file something called a proof of mailing,
[2:21] which says, hey, I said the inventory to the people it was supposed to go to.
[2:26] It doesn't get a copy of it.
[2:28] So that way no one can pull, you know, addresses, bank account numbers, institutions,
[2:33] private information that really doesn't have anything to do with anything.
[2:37] And then the other document that would not be part of the record if it's not filed,
[2:42] is the accounting.
[2:44] The accounting is at the end where we show all the money that came in,
[2:47] all the money that went out to creditors, you know, to us.
[2:51] If they had to hire, you know, a CPA, if there was a tax bill,
[2:55] and then it basically lays out what the, what the split is of at the end.
[3:00] Okay, here's, here's it all.
[3:02] And what we will do is we will file a proposed distribution plan with the court that lays the numbers out.
[3:09] But as far as like the bank statements, the creditors statements, all that,
[3:14] that does not get filed. It's similar to the inventory where we tell the court,
[3:18] hey, we mailed this out to the right people.
[3:21] There are situations where you need the court to approve the accounting.
[3:26] At that case, you would file a petition.
[3:28] But the accounting would be filed under seal as a restricted document.
[3:32] So the judge can see it, the court can see it.
[3:35] But no one can just go down and pull that inventory and see all the documents.
[3:39] So it's pretty rare that I have to get an accounting approved.
[3:43] Most of the time that we can work with people outside a court to take care of that.
[3:47] So who is able to access probate filings and how are those records typically viewed or used?
[3:55] So anyone can go down and pull any file that's not sealed.
[3:59] There is a records request form in Maricopa County specifically where you put your name,
[4:05] the parties, the case information, and what documents you're requesting.
[4:09] The court holds on to that.
[4:11] So if there's ever an issue later, we can see who requested the documents.
[4:15] What I have seen people use the probate documents for on this is going to sound kind of yucky.
[4:22] There are real estate investors that will go pull the fresh probates to get the contact information for the person that's becoming appointed.
[4:31] And they will start bombarding them to buy the estate property.
[4:37] Creditors will pull the file to see who the right person is to send it to.
[4:42] So those are really the two that would access these files and use them.
[4:48] I don't necessarily see somebody going down and pulling the files just because they're curious.
[4:55] But it is public record and it is open.
[4:58] Are there differences in privacy depending on the type of probate proceeding or are they mostly handled the same way?
[5:06] They are mostly handled the same way.
[5:08] Again, there are certain things that would get filed under seal if they needed to be.
[5:13] But yes, most probates are all the same, even if it's informal, formal, supervised.
[5:20] The only difference is if it's like I'd mentioned a sealed matter which centers around a minor.
[5:27] So if they're supposed to get money from the probate and so we need to open a conservatorship, that gets sealed.
[5:34] Because only basically the law firms involved or the parents can get the documents from that case.
[5:41] So what point of the probate process do the filings become publicly accessible?
[5:46] And more to the point, do those sealed documents, maybe even for a minor when they become an age of majority, do they become publicly accessible later?
[5:56] So as soon as we file things with the court, they are usually available two to three business days later.
[6:02] So it is immediate.
[6:03] We do not go through the probate process and then they publish the case.
[6:06] It is open the whole way through.
[6:09] And then to answer your question regarding minor matters that are sealed, they do not come unsealed.
[6:16] They say sealed forever.
[6:17] So if we have to deal with things after they've already reached the age of majority, they stay sealed.
[6:23] And the court will not even email minute entries, they will mail them.
[6:28] And it's actually kind of, it's a pain because we have to rely on the mail.
[6:34] They won't email things, they won't send things.
[6:37] And so there's a delay in getting orders, minute entries, like it just adds an extra layer that makes it difficult.
[6:42] But no, they will not unseal them after they turn age of majority, even if we're still active in there or doing something in there.
[6:52] I think that's good to know.
[6:54] Thank you for sharing that.
[6:56] Are there ways to limit unnecessary disclosure while still meeting the court requirements?
[7:03] Honestly, as long as you are, if you can, sending out the inventory, sending out the accounting, you know, to the beneficiaries, not filing with the court, if you don't have to, or protecting it, if you do have to get it approved by the court.
[7:20] That's really, that's really all we can do. We can't ask to seal a whole matter because somebody wants to be private. Unfortunately, that's just kind of how it goes.
[7:31] Also, if we have to do a formal probate where we need a judge, I have to publish notice of that hearing in a local newspaper. So it goes out to the world.
[7:41] When we do a notice to creditors, it also has to be published in a newspaper. So again, we're giving everybody notice.
[7:48] So we limited as much as we can with keeping the sensitive information out of the docket if we can, but or sealing it if it needs, if the judge needs to look at it.
[7:59] But there's not much you can do for the regular filings as we move through the process.
[8:06] I still find it so fascinating that you know, the publishing and a newspaper thing is still a thing.
[8:13] Obviously, it made sense in the past. But you wonder, you know, of course, people who are interested, they're going to be looking if they know that that's where it's going to be.
[8:23] But it's just the fascinating kind of antiquated thing, or am I just, am I in my head about this?
[8:29] No, I definitely have that conversation with myself of why are we still doing this? Who even reads the newspaper anymore?
[8:36] Genuinely, we get most of our stuff from online content. Newspapers are not what they used to be.
[8:42] The other part of that requirement I think is a little antiquated is you have to send notice via certified mail.
[8:49] And a lot of the times people will not pick up their mail because it's just we rely on our email, we rely on our text, we rely out, you know, and so people aren't looking in the actual mailbox.
[9:01] And that is part of our statute here for notifications requirement. That's how we send everything out when we do the accounting, the inventory, it goes by mail.
[9:12] So it, yes, I think it is antiquated.
[9:16] Do I necessarily think we should replace it with email? No, I don't think we should. I think it'd be a nice backup.
[9:22] We can't get an address. Somebody won't accept service. Like, hey, can you at least send this to me an email and they can, you know, sign something that says I got it electronically.
[9:32] There's some different stuff there, but has it stands now, this is just kind of what we have to roll with. But yes, it is funny that we have to, I have a company where I send them the notice and they publish it in the local newspaper in every county in Arizona.
[9:45] And they send them, hey, it's Mojave County, it's Maricopa County, here you go. And they go, okay, and they format it and get it sent off. But yes, it is, it is funny to tell people that we still have to do that.
[9:55] And yet it's also important for people to know email isn't secure, you know, and be very careful. I always tell people that work with me. Yeah, I'm going to create a drop box for you or I'm going to create a, you know, a document file for you that is secure.
[10:10] I'm sure you do the same. I know you do the same. Right. Right.
[10:15] It would just be nice if we could send the notice of hearing and the petition out, if we have a hearing, you know, stuff that's maybe not super sensitive. It's public anyway.
[10:25] That kind of stuff just for ease, but I completely understand making sure that people actually have the notice they actually know what's going on.
[10:33] And I've had hearings get continued and I've had things drag out because we couldn't get an address.
[10:39] We had to hire a private investigator to find an address and try them.
[10:43] It's just part of it. And so a lot of people I don't think.
[10:47] So about that, it makes sense when you talk about it, but when they come in to start probate, they're like, well, why do I need to give you everybody's address.
[10:55] That's how we're going to notice them. And then everybody's like, that's super antiquated. And I'm like, yep.
[11:04] But let's talk about trust administration for a moment.
[11:07] How does trust administration compare to probate when it comes to privacy?
[11:14] So the trust administration's are handled completely outside of court. Obviously, if they're contested, all bets are off. We filed a matter, but I just normal trust administration where everybody's fine, it's private.
[11:27] The only thing that potentially gets put out into the universe is a notice to creditors similar to a probate that says, hey, if this person or trust owed you money, now's the time that gets published.
[11:39] And then if there is a piece of real property here in Arizona, we have to file an affidavit with the county recorder's office where the property is located that says, hey, these people made the trust, these people have passed away, the new trustee is this person.
[11:56] So they're able to take control of property i.e. selling it, renting it, transferring it. And so that's more of showing the recorder's office who has authority to basically deal with the property, rather than giving people notice.
[12:12] But everything else in a trust administration is private by mail directly to the beneficiaries. So if anybody has concerns about privacy, and that's a big, big concern of yours, and even though it's like, hey, I just I don't want this on the record.
[12:26] Go in, get your trust done here in Arizona, make sure you funded it, which means make sure you get everything into your trust, because if you don't, then we have to do a probate.
[12:36] And hopefully there's a poor overwhelm. That's a whole other thing. I won't go off on tangent. So a lot of people will do a trust because of the privacy aspect. I know personally, like obviously with what I do, all of my stuff is taking care of, but I would not want my business in the probate court after what I do in my life.
[12:58] There's other attorneys that know me. There's people that know me. I don't necessarily need them jumping in and seeing what's going on, you know, with the business, my personal assets, I, you know, my daughter, that's none of y'all's business. So for me, that was my biggest motivator wasn't my asset yet, because a lot of a couple of reasons you would go is you have a change in life marriage, kid house, go get that done or privacy.
[13:24] And so if you're a very private person and you want this stuff, not basically out there, I would very much encourage you to meet within a state planning attorney to see what you can take care of and basically wrap up so you don't.
[13:38] As much as you can, there's hopefully not a probate that gets opened for you when the time comes.
[13:45] Yeah, I, I set up our trust when our children are young, didn't need it, their adults know, but, you know, the security and knowing that that was taken care of, that they would be taken care of was so important.
[13:58] And, you know, I just, I can't, I'm just going to double down and say, if you don't have a trust, go talk about it, go learn about it, go find out how much this can save your family.
[14:11] A lot of pain and agony and apparently a lot of privacy. So when disagreements do arise between beneficiaries and this can happen in Wales and trusts, but does the public nature appropriate, especially affect how those conflicts play out.
[14:29] I wouldn't think so. I don't know anybody that's kind of trolling the probate courts and pulling files and reading stuff. There might be someone who does that.
[14:39] There's probably some money. There are weirdos everywhere, right? I mean, it's the way the world goes around. We need some flavor. So I'm sure there's somebody that's doing that.
[14:50] But no, whether we're doing just an informal, a formal litigation, it's out there, unless we've asked it to not be out there.
[14:59] There are parts of litigation that don't make it onto the docket. Like we don't file deposition transcripts.
[15:05] You don't file, you know, bank records. If we do, they're highly redacted or we ask them to be sealed. If we think the court needs them unredacted.
[15:14] So again, the same kind of logic applies to what's a sensitive document with sensitive personal information.
[15:22] Those are a wrap up today's episode. And this is for somebody concerned about privacy while handling in a state.
[15:30] I think I know your answer, but what should they keep in mind before moving forward?
[15:35] So if they're handling a probate matter, just know that the things that are truly sensitive, we can keep outside of the court.
[15:43] But unfortunately, there are check marks and we are going to have to file things. And I know that makes some people uncomfortable, but we have to, we have to adhere to Arizona law.
[15:53] So Arizona has decided that wills have to be probated. And so that's just kind of what we have to do. It's not anything you can control.
[16:03] And, you know, you can find some solace in the fact that like, nope, the state of Arizona is making me.
[16:09] I don't have to like it, but I have to do my job. So that's, that's what I tell people is give yourself a little slack.
[16:16] You know, this isn't anything that you can necessarily control in a, in the big picture.
[16:23] Or better yet prevent probate.
[16:27] And, but a lot of the people that have the concerns are the ones that are appointed. And so the person was supposed to be doing the stuff is no longer here to do the things.
[16:37] Well, and I appreciate what great care you give to those people. You know, that's one thing I've noticed in all the episodes we've done together, just the heart that I hear behind you.
[16:48] So I appreciate that. That's definitely why I got into it.
[16:53] Well, to our audience, that is it for today's episode of probate problems and practical solutions with Carly Whiteside of Copper WRen Law.
[17:02] To learn more about how Carly and her team help Arizona families navigate probate guardianship and trust administration with clarity, visit copperwrenlaw.com.
[17:14] Thanks for listening. And remember to subscribe, share this episode with somebody who needs to hear it.
[17:20] And leave a review so more families can find the guidance that they need.
[17:25] Great to see you, Carly. Thank you.
[17:27] You too. Thank you.
[17:29] Thanks for watching. Be sure to hit that like and subscribe button and leave us a review in the comments.
