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Introduction. In the state of Arizona, probate is only required if the decedent has any assets that did not transfer automatically upon their death.
Petition for Appointment: File a Petition for Appointment of Personal Representative with the probate court. This petition includes information about yourself, the deceased person, and the estate. You will also need to provide information about any beneficiaries and heirs.
Assuming probate is necessary, there can be a number of consequences for not petitioning to open probate: Individually-titled assets will remain frozen in the decedent's name. The estate's assets are subject to losses. Another interested party may petition to open probate.
Over 18 years of age and ? The surviving spouse of the decedent, ? An adult child of the decedent, ? A parent of the decedent, ? A brother or sister of the decedent, ? A person entitled to property of the decedent, ? A person who was named as personal representative by will, or ? You are a creditor and 45 days have ...
If the family members are in agreement, the court can appoint one of them to serve as the estate's executor or personal representative. If there is discord amongst the family members, the judge can appoint a third-party special administrator to manage the estate.