Understanding Proof of Death Requirements in Arizona Probate
Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
In Arizona, a certified death certificate is normally required to open an estate. Under Arizona Revised Statutes (A.R.S.) § 14-3103, filing a death certificate with the probate court creates prima facie evidence of a person’s death. (A.R.S. § 14-3103)
If the death certificate is not yet available, Arizona Probate Rule 30 allows the court to accept other forms of proof. Acceptable alternative evidence may include:
- A newspaper obituary or similar published notice.
- An affidavit from a funeral director, clergy member, or someone with direct knowledge of the death.
- Medical or hospital records confirming the date of death.
To use an obituary as proof:
- Attach the obituary as an exhibit to your probate petition.
- Explain why an official death certificate is unavailable.
- Request the court to accept the alternative evidence under Arizona Probate Rule 30.
After appointment, the personal representative typically has 30 days to file the certified death certificate once it is issued. If you need more time, you can ask the court for an extension under A.R.S. § 14-3103(B).
Helpful Hints
- Contact the Arizona Department of Health Services or your county’s vital records office to track your death certificate request.
- Prepare a clear affidavit detailing your efforts to obtain the death certificate.
- Use a legible copy of the obituary and note the publication details.
- Check local probate court procedures for any additional documentation.
- Consider consulting an attorney for estates with complex assets or potential disputes.