Notice Requirements and Procedures for Creditor Notification in Arizona Probate

This article provides general information on Arizona probate notices and does not constitute legal advice.

Detailed Answer

When someone dies in Arizona, the personal representative (executor) must notify creditors—both known and unknown—so they can file claims against the estate. Arizona law lays out specific steps and deadlines under Title 14 of the Arizona Revised Statutes (A.R.S.).

1. Personal Notice to Known Creditors

Within 30 days after appointment, the personal representative must mail a written notice to each creditor whose name and address are reasonably ascertainable. This includes medical debt collectors if the estate’s records show medical providers or insurers. The notice must:

Identify the estate and personal representative.
State when the court appointed the representative.
Advise that claims must be filed by the later of:

Four months after the date of first publication of the notice to unknown creditors, or
Thirty days after the date the personal creditor notice was mailed.

See A.R.S. § 14-3704 for full details: A.R.S. § 14-3704.

2. Publication Notice for Unknown Creditors

If the representative can’t identify all creditors, they must publish a notice once a week for three consecutive weeks in a newspaper of general circulation in the county where probate occurs. That publication must:

Name the decedent and the court case.
State the appointment date of the personal representative.
Advise creditors to file claims by four months after the first publication date.

See A.R.S. § 14-3702: A.R.S. § 14-3702.

3. Deadlines and Bar to Late Claims

Creditors must file their written, verified claims with the court before the earlier of:

The deadline stated in the published notice (four months from first publication).
The deadline stated in the mailed notice (30 days after mailing).

A claim filed late is barred and generally cannot be paid. See A.R.S. § 14-3802: A.R.S. § 14-3802.

4. Priority of Claims

Arizona law sets an order for paying claims from estate assets:

Funeral expenses and costs of administration.
Outstanding taxes and tax liens.
Secured claims (to the extent of collateral).
All other general claims, including medical debts.

See A.R.S. § 14-3801: A.R.S. § 14-3801.

5. Special Considerations for Medical Debt Collectors

Medical debt collectors qualify as general unsecured creditors. If the estate’s records list medical providers or insurers, include them in the mailing list. If they aren’t listed, they will receive published notice and must file claims by the publication deadline.

Helpful Hints

Compile a list of all potential creditors—including hospitals, doctors, and insurers—before mailing notices.
Keep proof of mailing (certified mail returns) and publication (affidavits from the newspaper).
Track deadlines carefully: late claims get barred by law.
Review A.R.S. § 14-3702 through § 14-3802 for exact requirements.
Consider consulting a probate attorney to handle complex estates or disputes.