What is probate?

Arizona’s Probate Process

 

What is probate?

 

Probate is a legal process in which the court appoints a personal representative of the estate of a person who has died and if there is a Last Will and Testament, probate finds the Will is valid and admits it into probate. That personal representative is responsible for:

 

• Identifying and inventorying all of the deceased’s assets whose ownership did not automatically transfer when he or she died.
• Paying any last expenses the deceased might have.
• Filing the last tax returns of the deceased and paying any required taxes.
• Distributing the remaining assets to the heirs of the deceased, either:
  • As provided in the deceased’s will, or
  • As provided by law, if the deceased left no will.

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Probate is not always necessary when a person dies. If someone dies with no assets or if all assets automatically transfer ownership at death, so that no assets remain titled in the name of the deceased, a probate may not be necessary. The only remaining reason for a probate would be to give notice to the deceased’s creditors.

 

AZ Statewide Paralegal offers professional legal document preparation services, including document preparation and service for wills, trusts, and probate. We can help you prepare documents so that your loved ones can avoid the probate process and we can help you with the documents involved in probate. Contact our office in Tucson, Phoenix, or Mesa today so that we can walk you through the document preparation services we offer.

 

Before we describe the probate process, here are some relevant definitions:

 

• Beneficiary – A person entitled to receive income or other property that belonged to a person who has died and that is part of a trust or that is paid by an insurance company.
• Bequest – A gift made by the will of a person who has died.
• Decedent – A person who has died.
• Estate – All the property that belongs to a person, whether the person is living or dead.
• Fiduciary – A person trusted to be responsible for the property of others. A “private fiduciary” is a person or corporation that acts as personal representative, guardian, conservator, or trustee for someone (living or deceased) to whom the fiduciary is not related. Private fiduciaries act for a fee. A “public fiduciary” is a government officer designated by statute to act as guardian, conservator, personal representative, or designated payee when no one else is willing and able to act.
• Intestate – Without a valid will.
• Intestate Succession – The way in which a decedent’s property passes to his or her heirs, as determined by the state law where he or she died.
• Personal Representative – A person named by a court to administer a decedent’s property under a will or a state’s intestate succession laws.
• Petitioner – A person who files a legal document used to start any formal proceeding.
• Succession – The transmission of property from one person to another.

 

The Arizona Probate Process

 

Arizona Statutes require that a personal representative be appointed to administer the probate.  Administration of an estate includes filing a verified statement, publishing notice to creditors and giving other notice as required, making distributions, filing receipts, paying taxes, and closing the estate according to law.

 

Arizona probate is a five-step process. The details of each process step may vary depending on the particular situation, but in general probate involves opening probate, providing notice, conducting an inventory, distributing property, and closing probate.

 

Step 1: Open Probate

 

If a probate is required, the “petitioner” (usually an heir, but not always) prepares and files a probate petition with the Arizona Superior Court in the county in which the decedent lived.  Arizona Revised Statutes Section 14-3301.A provides that an “Informal probate or informal appointment may be made only by application of one of the following:

 

• The surviving spouse of the decedent.
• An adult child, a parent, a brother or a sister of the decedent.
• A person who is an heir of the decedent.
• A person nominated as a personal representative by a probated will or the will for which probate is asked or pursuant to a power conferred by the will.
• If the decedent was a nonresident, any person who is qualified under paragraphs 1 through 4 of this subsection or a personal representative appointed in the state of domicile or the nominee of such personal representative.
• If the decedent was a veteran, the department of veterans’ services.
• Forty-five days after the death of the decedent, any creditor.
• If no person is qualified and willing to serve as personal representative under paragraphs 1 through 7 of this subsection, the public fiduciary.”

 

Step 2: Notice

 

The petitioner is required to file notice with interested parties, including any personal representative of the decedent, heirs, creditors, and others, depending on the situation. Arizona law has requirements for how this notice must be communicated.

 

Step 3: Inventory

 

An inventory of all the assets and debts of the estate must be prepared.

 

Step 4: Distribution

 

Four months from the first date of publication you may begin the distribution of the estate, so long as there are no creditors making a claim on it.

 

Step 5: Closing the Estate

 

Once all valid claims have been paid and the property of the estate has been distributed, it is time to close the estate.

 

Probate Forms

 

The probate process requires significant documentation. Pima County Superior Court lists the forms required in an ordinary probate as [sc.pima.gov]:

 

FOR PROBATE OF A TESTATE ESTATE

 

• Application for Informal Probate of Will and Appointment of Personal Representative (Form PR-08)
• General Order to the Personal Representative
• Statement of Informal Probate of Will and Appointment of Personal Representative (Form PR-12)
• Probate Information Sheet (PR-Cover)
• Letters and Acceptance of Personal Representative (Form PR-14)
• Verified Statement Pursuant to A.R.S 14-5651 (Form PR-15)
• Notice to Heirs and Devisees of Informal Probate and Appointment – (Form PR-18)
• Notice to Creditors (You need both the forms listed below)
  • For Publication – (Form PR-80)
  • To known Creditors – (Form PR-80A)
  • Proof of Notice to Known Creditors/Statement of no Known Creditors (PR-80B)
  • Proof of Mailing/Delivery of Inventory (Form PR-71)
  • Instrument or Deed of Distribution (Form PR-101)
  • Closing Statement (You will need one of the forms listed below)
    • Regular Closing Statement (Form PR-114) or
    • Summary Administration Closing Statement (Form PR-114A)

 

FOR PROBATE OF AN INTESTATE ESTATE

 

• Application for Informal Appointment of Personal Representative (Form PR-9)
• General Order to the Personal Representative
• Informal Appointment of Personal Representative (Form PR-13)
• Probate Information Sheet (PR-Cover)
• Letters and Acceptance of Personal Representative (Form PR-14)
• Verified Statement Pursuant to A.R.S 14-5651 (Form PR-15)
• Notice to Heirs of Informal Appointment – Intestate (Form PR-19)
• Notice to Creditors (You need both the forms listed below)
  • For Publication – (Form PR-80)
  • To known Creditors – (Form PR-80A)
  • Proof of Notice to Known Creditors/Statement of no Known Creditors (PR-80B)
  • Proof of Mailing/Delivery of Inventory (Form PR-71)
  • Instrument or Deed of Distribution (Form PR-101)
  • Closing Statement (You will need one of the forms listed below)
    • Regular Closing Statement (Form PR-114) or
    • Summary Administration Closing Statement (Form PR-114A)

 

When you choose AZ Statewide Paralegal to assist you with your probate document needs, we will support your probate process every step of the way with the right documents, filled out and filed correctly and on time. We make sure that all interested parties obtain copies of all the documents they are entitled to receive according to the Arizona Probate Code so you don’t have to worry.

 

Our documents are not fill-in-the-blank forms or check-the-box forms. They are personalized to your case and do not contain any extraneous information that does not apply to your particular case.

 

We will handle publishing a notice in the newspaper and make sure that the Court receives an affidavit as proof of publication. We also make sure all interested parties receive a Notice of Informal Appointment. Later, we prepare and file the Proposal for Distribution, mail copies to interested parties, prepare and file the Deed of Distribution and record it with the Recorder’s Office.

 

AZ Statewide Paralegal has decades of experience preparing documents for proceedings in Arizona. By using our service you can avoid the expense of a high priced attorney. There is no need to worry about deadlines and properly completing the forms. We know what to ask and provide this service to hundreds of clients each year. Contact our office in Tucson, Phoenix, or Mesa today so that we can walk you through the probate document preparation services we offer. Click here to schedule an appointment.