Detailed Answer
Mistakes in probate paperwork — such as listing the wrong siblings as heirs — happen. In Arizona, courts expect parties to correct clerical errors quickly and to provide notice to interested persons when a substantive correction affects who gets notice or distributions. How you fix the mistake depends on three facts: (1) whether the error is clerical (a typo or wrong name) or substantive (wrong identity or omitted heir), (2) whether the court has already entered orders or distributed assets, and (3) whether anyone objects.
Step 1 — Identify the type of error
• Clerical errors: misspelled names, incorrect middle names, or transposed names. These are usually fixed by filing corrected documents with the court and asking the judge to correct the record.
• Substantive errors: listing the wrong person entirely, omitting an heir, or misstating relationships. These may require affidavits, proof of family relationships (birth certificates, marriage records), or a court hearing to resolve disputes about who is an heir.
Step 2 — Act quickly and preserve evidence
Collect documents that prove the correct information (vital records, prior wills, family documents, sworn statements). Contact the personal representative (executor/administrator) and the probate clerk to let them know you found an error. Time matters — some claims against an estate have deadlines.
Step 3 — Correct paperwork before the court enters final orders
If the petition or other probate filings are still pending, the usual remedy is an amended filing. In Arizona you can file an amended petition or corrected exhibit with the court clerk, explain the error in an affidavit, and serve the corrected documents on interested parties so the court record is accurate before any distributions.
Practical example (hypothetical): An executor files a petition naming “Alice Smith” and “Bob Smith” as siblings, but records show the decedent’s sibling is “Barbara Smith.” The executor should file an amended petition or a corrected exhibit saying “Barbara Smith,” attach a sworn affidavit explaining the prior mistake, include proof (birth certificate), and serve notice to all interested persons.
Step 4 — Correct the record after the court has entered orders but before final distribution
If the court has already entered an order but assets have not yet been distributed, you can ask the judge for an order correcting the record or a nunc pro tunc order to fix a clerical mistake. File a motion (often called a motion to correct or motion to amend), give notice to all interested parties, and present your proof at a hearing if required. The judge can amend the probate record to show the correct heirs.
Step 5 — When assets already were distributed or probate is closed
If distributions already occurred or the estate closed, fixing mistakes is harder. Options may include:
- Petitioning the court to reopen the estate so the administrator can correct distributions and make new distributions to the correct heirs.
- Filing a claim against the personal representative for breach of fiduciary duty if the representative distributed assets based on incorrect information and failed to follow required notice or verification procedures.
- Starting a civil action to recover wrongly distributed property if reopening is not possible.
Because reopening and recovery can involve complicated deadlines and defenses (for example, good-faith distributions or statutes of limitations), consult an attorney quickly.
What happens if someone objects or two people claim to be the same sibling?
The court will resolve contested heirship or identity issues. That can require sworn testimony, documentary evidence, or (in rare cases) DNA testing. The court will follow Arizona law on descent and distribution (see Arizona Revised Statutes, Title 14). If you are a party, be prepared to provide clear proof of relationship and identity.
Arizona law and court resources: General probate law in Arizona is in Arizona Revised Statutes, Title 14 (Trusts, Estates and Protective Proceedings). For background and forms see Arizona Revised Statutes, Title 14: https://www.azleg.gov/arsDetail/?title=14. Arizona Judicial Branch probate self-help resources: https://www.azcourts.gov/selfservice/Probate.
When you should hire an attorney in Arizona
Consider hiring a probate attorney when:
- Distributions already happened or the estate closed.
- Heirship is contested or the identity of an heir is disputed.
- The personal representative refuses to correct the record or will not cooperate.
- Large assets, real property, or complex tax issues are involved.
An attorney can prepare the correct motions, make sure notice rules are followed under Arizona practice, and represent you at hearings.
Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. If you need legal advice tailored to your situation, consult a licensed Arizona attorney.