Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Arizona for personalized guidance.
What Steps Are Involved in Notifying Creditors and Handling Claims After a Death in Arizona?
Detailed Answer
1. Open the Estate
Once someone dies, the personal representative (also called an executor or administrator) must file a petition in the county superior court to open probate. The court issues Letters Testamentary or Administration, granting you authority to act on behalf of the estate.
2. Identify and Notify Known Creditors
Within 30 days of appointment, mail written notice to all known creditors. Arizona law (A.R.S. § 14-3807) requires you to send each creditor a Notice to Creditors form that lists the decedent’s date of death and instructions on how to file a claim.
3. Publish Notice to Unknown Creditors
Publish a creditor notice once a week for three consecutive weeks in a newspaper of general circulation in the decedent’s county. A.R.S. § 14-3808 mandates this step to alert unknown creditors.
4. Understand the Claims Deadline
Creditors must file claims within the time frames set by A.R.S. § 14-3809. Generally, a claim is barred unless filed within the later of 30 days after mailed notice or three months after the first publication. Claims submitted more than one year after the date of death are usually barred.
5. Review and Pay Valid Claims
Examine each claim for accuracy and validity. Pay approved claims from estate assets according to Arizona’s priority rules. If funds fall short, satisfy higher-priority debts first.
6. Handle Disallowed Claims
If you reject a claim, send the creditor a written notice explaining why. The creditor may petition the court to allow the claim within a fixed period. If they fail to do so, the claim remains disallowed.
Helpful Hints
- Keep precise records of all notices sent and responses received.
- Use certified mail with return receipt for known creditor notices.
- Choose a newspaper that meets county publication requirements.
- Track publication dates carefully to calculate the exact claims bar date.
- Consult court rules or an attorney before disallowing any claim.