Handling a Mother's Estate in Arizona: Step-by-Step FAQ

Detailed Answer — Step‑by‑step guide

Below is a practical roadmap you can follow after a parent dies. Arizona’s probate and fiduciary rules appear in Title 14 of the Arizona Revised Statutes; see the full text at the Arizona Legislature website for the statutes that govern each step: A.R.S. Title 14 — Trusts, Probate and Fiduciary Relations. For court forms and practical filing information, see the Arizona Judicial Branch probate pages: Arizona Courts — Probate Self‑Help.

1. Immediate actions (days 0–7)

• Obtain certified death certificates — the funeral home can usually order these. You will need multiple certified copies for banks, transfer agents, and government agencies.
• Locate the original will and any estate planning documents (trusts, beneficiary designations, powers of attorney, deed records). The original will is often in a safe deposit box, a lawyer’s files, or stored at home.
• Secure property and valuables. Change locks if the residence will be vacant. Make an inventory of property and take photographs.
• Stop automatic payments and notify employers, benefits providers, and financial institutions of the death.

2. Determine whether probate is required (week 1–4)

Not every estate requires formal probate. Arizona law and local courts allow simplified procedures for small estates and for assets that pass outside probate (payable‑on‑death accounts, jointly owned property, assets held in trust). Check the Arizona Courts guidance on small estate procedures and the probate process to decide whether to open a formal case: Arizona Courts — Probate.

3. Open probate and appoint a personal representative (if needed)

If probate is necessary, someone (usually the person named as executor in the will, or a close family member if there is no will) files a Petition for Probate with the superior court in the county where the decedent lived. The court will appoint a personal representative (also called a personal representative or administrator) who has legal authority to collect assets, pay debts, and distribute property under court supervision. The Arizona Courts site provides filing instructions and the forms used to open an estate.

4. Notify heirs, beneficiaries and creditors

The personal representative must notify heirs and beneficiaries and publish notice to creditors when required. Creditors generally have a limited time to make claims against the estate after notice. Follow the court’s instructions and timelines carefully to preserve the estate’s defenses against late claims.

5. Inventory, value, and protect assets

Inventory all property and determine values for bank accounts, real property, investments, vehicles, and personal property. For certain assets the estate may need appraisals. The personal representative should secure assets and maintain insurance coverage while administration continues.

6. Pay debts, taxes and administration costs

The personal representative uses estate funds to pay valid debts, funeral expenses, administration costs, and taxes. Arizona has specific rules about priority of claims and whether family allowances or homestead allowances apply. You must also file the decedent’s final income tax returns and any estate tax returns if applicable.

7. Distribute the remaining property

After debts and taxes are paid and the court approves (if required), the personal representative distributes assets per the will or, if there is no will, under Arizona’s intestacy rules (found in Title 14). Keep accurate records and obtain releases from beneficiaries when appropriate.

8. Close the estate

File a final accounting and petition for discharge (if the estate was administered through probate) so the court can formally close the estate and discharge the personal representative.

Short hypothetical example

Hypothetical: Mom lived in Phoenix, left a simple will naming her daughter as executor, owned a home, a checking account, and had a small IRA. The daughter locates the will, obtains death certificates, secures the house, and contacts the county superior court probate clerk. Because the estate includes real property, the daughter opens probate, gets appointed personal representative, inventories assets, notifies creditors and beneficiaries, pays funeral costs and a few small bills, and finally transfers the house and cash to the beneficiary according to the will after the court approves distribution.

Where Arizona law and court resources can help

• Arizona Revised Statutes, Title 14 (probate rules and fiduciary duties): https://www.azleg.gov/arsDetail/?title=14.
• Arizona Courts — Probate Self‑Help and forms: https://www.azcourts.gov/selfhelp/Probate.
• Probate forms and local court contact information: Arizona Courts — Probate Forms.

Important: statutes, deadlines and local rules can vary by county and by the facts of the estate. Consult the Arizona Revised Statutes and your county superior court for specific procedural deadlines.

Helpful Hints

• Get multiple certified copies of the death certificate early — banks and government agencies usually require originals.
• Gather key documents fast: will, trust documents, deeds, titles, bank and investment statements, life insurance policies, Social Security records, and recent tax returns.
• Check beneficiary designations and jointly owned property — these often pass outside probate.
• If the estate seems small or low‑complexity, review Arizona’s small estate procedures on the Arizona Courts website before starting full probate.
• Keep detailed records and receipts for every estate transaction — the court will expect accurate accounting.
• Talk to a probate attorney if the estate has real estate in multiple states, unresolved debts, potential creditor lawsuits, or family disputes. An attorney can explain duties and potential personal liability for mistakes.
• Beware of scams — verify calls, requests, and mail before sending money or personal information.
• If cost is a concern, look for local legal aid, bar association referral services, or limited‑scope representation options to handle specific tasks without full representation.
• Consider long‑term planning for your own estate: beneficiary designations, payable‑on‑death accounts, and living trusts can avoid or simplify probate for heirs.

Disclaimer: This article explains common steps and points you to Arizona statutes and court resources. It is educational only and does not constitute legal advice. For advice about a specific situation, contact a licensed Arizona attorney or your local court.