What notice requirements and procedures apply for notifying creditors, including medical debt collectors, in probate in Arizona?
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 […]
Read article →How to Distinguish Estate Assets from Corporate Assets in Arizona
How to Distinguish Assets Belonging to a Deceased Person’s Estate from Those Held by a Corporation in Arizona Detailed Answer Under Arizona law, a decedent’s estate and a corporation stand as separate legal entities. Your task is to identify which assets pass through probate and which remain under corporate ownership. 1. Recognize Separate Legal Existence […]
Read article →What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs?
Detailed Answer When administering an estate in Arizona, a personal representative may need to convert personal property into cash to pay estate expenses and equalize distributions among heirs. Arizona law provides clear procedures for obtaining court approval, conducting a sale or auction, and distributing proceeds. 1. Court Authorization for Sale Under ARS §14-3851, the personal […]
Read article →What Rights Does a Life Estate Grant to a Lifetime Beneficiary and How Is a Remainder Interest Determined in Arizona?
Detailed Answer Under Arizona law, a life estate gives a person (the life tenant) the right to possess, use, and enjoy real property during their lifetime, subject to restrictions against waste. At the life tenant’s death, the property passes automatically to a named remainderman. Key aspects include: 1. Rights of the Life Tenant Possession and […]
Read article →Arizona: Who is Eligible to Receive Surplus Proceeds When Property Is Solely in a Deceased Spouse’s Name?
Who Can Claim Surplus Proceeds for a Trustee Sale on Property Solely in a Deceased Spouse’s Name? Detailed Answer Under Arizona law, when a nonjudicial trustee sale generates surplus proceeds after paying the secured debt and sale expenses, any excess must go to the persons legally entitled. If the foreclosed property was titled solely in […]
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