Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Step 1: Open the Probate Case
After a person passes away, a family member or another interested party files a petition for probate with the superior court in the county where the decedent lived. The court appoints a personal representative (sometimes called an executor) under ARS §14-3101 (ARS §14-3101). The representative submits the death certificate and any original will.
Step 2: Prepare and File an Inventory
Within 90 days of appointment, Arizona law requires the personal representative to file an inventory of all estate assets under ARS §14-3501 (ARS §14-3501). The inventory must list:
- Real estate (with addresses and legal descriptions)
- Bank and brokerage accounts
- Personal property (vehicles, jewelry, household goods)
- Life insurance and retirement benefits
Step 3: Appraise Estate Assets
When the court orders, obtain appraisals from qualified professionals as required by ARS §14-3505 (ARS §14-3505) and complete an affidavit of appraisal per ARS §14-3506 (ARS §14-3506). Accurate fair-market values on the date of death ensure equitable distribution.
Step 4: Notify Creditors and Pay Debts
The personal representative must notify known creditors and publish a notice to unknown creditors in a local newspaper. Arizona law allows 30 days for known creditors and 90 days for publication notice under ARS §14-3803 (ARS §14-3803). Valid claims must be paid before any distribution.
Step 5: Final Accounting and Distribution
After debts, taxes, and expenses are paid, the representative prepares a final accounting for court approval. The court reviews the accounting and, if approved, issues an order to distribute the remaining assets. Distribution follows the will’s instructions or, if no will exists, the intestate succession rules in ARS §14-2101 (ARS §14-2101) and ARS §14-3801 (ARS §14-3801).
Helpful Hints
- Gather death certificates and original estate planning documents early.
- Keep detailed records of appraisals, receipts, and communications.
- Work with licensed appraisers for complex assets like real estate or art.
- Meet all deadlines for inventories, creditor notices, and filings to avoid court sanctions.
- Consider consulting a probate attorney if assets are large or heirs disagree.