Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
When a person in Arizona dies without a will (intestate), the court follows state law to distribute assets. If a beneficiary is under 18, special steps guard the property until the minor reaches adulthood.
1. Open Probate and Appoint a Personal Representative
The first step is opening a probate case in the superior court of the decedent’s county. Under Arizona Revised Statutes §14-3103, the court appoints a personal representative (formerly executor). That fiduciary gathers assets, pays debts and follows ARS §14-2103 to identify heirs.
2. Identify Minor Beneficiaries
Intestate succession rules under ARS §14-2103 determine that a decedent’s children inherit per stirpes. The personal representative must locate any minors entitled to a share.
3. Establish a Guardianship of the Minor’s Estate
A minor cannot directly hold legal title. The court may appoint a guardian of the estate under ARS §14-5105 and ARS §14-5405. This guardian manages the funds, files accountings and protects the minor’s interests until age 18.
4. Consider a Custodial Account under UTMA
Arizona’s Uniform Transfers to Minors Act (ARS §8-311) allows a custodian to hold inherited assets until the minor turns 21. A custodial account is often simpler than formal guardianship but requires following ARS UTMA rules.
5. File Inventory and Annual Reports
Both the personal representative and the guardian of estate must file inventories and accountings with the court (see ARS §14-6101). This oversight ensures transparency and safeguards the minor’s inheritance.
Helpful Hints
- Work promptly: File probate petitions and guardianship papers without delay to protect assets.
- Keep detailed records: Maintain receipts, bank statements and court filings for transparency.
- Explore UTMA: Compare guardianship vs. UTMA custodial accounts for cost and complexity.
- Consult professionals: Though not legal advice, consider speaking with a probate attorney for guidance.
- Plan ahead: Encourage parents to draft wills and trust documents to avoid intestacy complications.