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Karen Sinchak Higby

Sinchak & Associates PC

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About Karen Sinchak Higby

Karen Sinchak Higby is an estate planning attorney at Sinchak & Associates PC serving Arizona, Arizona. Arizona estate planning is governed by Title 14 of the Arizona Revised Statutes, which includes the Probate Code and the Arizona Trust Code, addressing wills, revocable trusts, powers of attorney, beneficiary deeds under ARS § 33-405 (an Arizona-specific tool), and the small-estate procedures under § 14-3971. See contact information below.

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Education

  • Law School: U of Akron

Common questions about Estate Planning in Arizona

Answered by Arizona Attorney Search Network

What is a healthcare power of attorney in Arizona?

Governed by ARS § 36-3221, a healthcare power of attorney names an agent to make medical decisions for you if you cannot communicate. Combined with a living will (advance directive under § 36-3261) specifying end-of-life treatment preferences, the two documents answer the questions hospitals will ask: who decides, and what do they decide. Arizona offers free statutory forms on the Attorney General's website.

How long does probate take in Arizona?

An informal probate of an uncontested estate typically closes within 6-12 months. Formal probate runs 1-2 years. Supervised probate or contested matters can extend 2 or more years. The mandatory creditor-claim period of 4 months from publication of notice (ARS § 14-3801) sets a floor on how quickly any probate can close.

What happens if I die without a will in Arizona?

Your assets pass under Arizona's intestate succession statutes (ARS § 14-2102 and following). For a married decedent, the surviving spouse inherits all community property and all separate property if there are no children outside the current marriage. If there are children from prior relationships, the surviving spouse takes one-half of separate property and the children take the rest. Intestate distribution is rarely what people would have chosen.

Q&As answered by Karen Sinchak Higby

Practice Areas

Wills, Probate, Trusts and Estates

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