Detailed Answer
Under Arizona law, when someone dies and no probate case exists, you must open an estate proceeding in the Superior Court. Arizona’s Probate Code (Title 14 of the Arizona Revised Statutes) governs this process.
- Gather basic documents: Obtain the original will (if one exists), a certified copy of the death certificate and a list of known heirs and beneficiaries.
- Choose informal or formal administration: Informal probate suits uncontested estates and generally costs less. Formal administration applies if disputes or complex issues may arise.
- Prepare and file the petition: File a Petition for Probate of Will and Appointment of Personal Representative (for testate estates) or Petition for Administration (for intestate estates) in the Superior Court in the decedent’s county of residence. See ARS §14-3201 et seq..
- Include required attachments: Attach the original will (if any), the death certificate, a signed statement of heirs, and payment of the court’s filing fee (currently about $320).
- Receive Letters of Personal Representative: Once the court approves the petition, it issues Letters of Personal Representative (also called Letters Testamentary) that authorize you to act on behalf of the estate.
- Provide notice to interested parties: Under ARS §14-3701, you must notify all heirs, devisees and other interested persons of your appointment.
- Inventory and appraise assets: File an inventory of estate assets with the court within three months as required by ARS §14-3711.
- Settle debts and taxes: Identify and pay valid creditor claims. File the decedent’s final federal and state tax returns.
- Close the estate: Prepare a final accounting and petition for distribution. Submit these under ARS §14-3501 to distribute remaining assets to heirs or beneficiaries and close the estate.
Disclaimer: This article provides general information about Arizona probate procedures. It is not legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Visit your county’s Superior Court website for local forms and fee schedules.
- Consider informal probate for simple estates to save time and money.
- Keep thorough records of all bills, receipts and communications.
- Notify creditors quickly—missing a deadline can lead to personal liability.
- Hire a professional appraiser for high-value assets to ensure accurate valuations.