Disclaimer: This information is not legal advice. Consult an attorney to discuss your specific situation.
Detailed Answer
Under Arizona law, probate estates may be reopened to distribute assets that were unknown or omitted at the time of final distribution. A.R.S. § 14-37101 authorizes petitions to reopen a closed estate within one year after the decree of distribution.
To petition the court, an heir or other interested person must file a written request with the clerk of the superior court that handled the original probate case. The petition should include:
- The probate case number and decedent’s name;
- The date of the decree of distribution;
- A description of the newly discovered or unclaimed assets;
- The petitioner’s relationship or interest in the estate;
- Any supporting documents, such as account statements or death certificates.
Once the petition is filed and the court fees are paid, the court will schedule a hearing. The petitioner must serve notice on all known beneficiaries and personal representatives listed in the original probate file. After reviewing evidence and hearing any objections, the court may issue an order reopening the estate.
After reopening, you must file an amended inventory and mailing list to include the additional assets. The court may appoint a personal representative to administer the newly added assets. That representative will collect, manage, and distribute the assets according to Arizona’s intestacy laws or the decedent’s will.
If more than one year has passed since the decree of distribution, a petitioner may still seek to reopen the estate by filing a motion for rehearing or a bill of review under A.R.S. § 14-37103 after the one-year deadline. Courts grant such relief only for extraordinary circumstances, such as fraud or mistake.
Helpful Hints
- Verify the original probate court’s case number and fees with the clerk.
- Gather proof of entitlement: wills, trust documents, or family relationship records.
- Check the Arizona Department of Revenue’s unclaimed property database for assets transferred after probate.
- Serve all interested parties according to the Arizona Rules of Probate Procedure.
- Consider consulting a probate attorney for complex estates or disputes.