Detailed Answer
When a person dies, their estate typically must go through probate before assets transfer to heirs or beneficiaries. In Arizona, an interested party—such as a named executor, heir, beneficiary, or creditor—can open probate in the superior court of the county where the decedent was domiciled. Below are the key steps under Arizona law.
1. Determine Whether There Is a Valid Will
If the decedent left a will, you must probate the original document. A will is probated by filing a petition under Arizona Revised Statutes §14-3101. Without a will, you petition for appointment of a personal representative in an intestate estate under §14-3102.
• Petition to Probate Will: ARS §14-3101 (link)
• Petition for Intestacy: ARS §14-3102 (link)
2. File in the Proper County
Probate petitions must be filed in the superior court in the county where the decedent was domiciled at death. See ARS §14-3103 for venue requirements (link).
3. Prepare and Submit Your Petition
- Complete the court’s probate packet or petition form.
- Attach the original will (if any) and certified death certificate.
- Provide your contact information and relationship to the decedent.
- Pay filing fees (varies by county).
4. Provide Notice
After filing, you must notify interested parties—heirs, beneficiaries, and creditors. Arizona law sets specific timelines and methods for notice:
- Mail notice to all heirs and devisees (ARS §14-3110: link).
- Publish notice to creditors in a local newspaper if required.
5. Court Hearing and Issuance of Letters
If no valid objections arise, the court will appoint a personal representative (executor or administrator) and issue Letters Testamentary or Letters of Administration under ARS §14-3301 (link). The representative then gathers assets, pays debts, and distributes property per the will or intestacy laws.
6. Bond and Ongoing Duties
The court may require a bond to protect the estate (ARS §14-3601). The personal representative must file inventories, accountings, and final reports with the court until the estate closes.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Check your county court’s probate webpage for local forms and fee schedules.
- Keep detailed records of all notices sent and court filings.
- Consult an attorney if disputes or creditor claims arise.
- Consider mediation to resolve family disagreements quickly.
- File annual or final accountings promptly to avoid delays.