Petition To Set Aside Estate Without Administration In Maricopa
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FAQ
In Arizona, the timeline for wrapping up a probate has no strict deadline for executors. Ideally, the recommended start date is around 60 days after the individual's passing and done within a reasonable timeframe.
With or without a will, the transfer of property after death requires going to probate court. However, this can be bypassed entirely if the deceased has a valid trust in effect.
First publication must be at least 15 days before the hearing date. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the first and last publication dates as part of the five-day period, are sufficient.
To receive your letters of administration, you'll first file an application to be estate administrator with your local probate court. You'll then attend a court hearing, where a judge will evaluate your application, verify that you're able to serve as administrator, and either approve or deny your request.
If you decide to use informal probate, you do not have to hire an attorney, but it is still advised that you do so.
Draft the Notice. The name of the deceased. The case number. The name of the executor or personal representative. The deadline for creditors to submit claims (usually a set number of weeks from the publication date). The probate court's contact information.
Notice of Petition to Administer Estate: This form is used for two purposes: 1) for newspaper publication, and 2) to notify the persons who are entitled to receive notice about the hearing date. Complete the front side of the form and file it with the Petition for Probate.
Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the publication dates, are sufficient.
While Arizona law does not require a personal representative to have a lawyer, there are important reasons for having a probate attorney assist with administration of the estate, including the potential for legal liability if probate laws and procedures are not followed.
How to Start Probate for an Estate Open the Decedent's Last Will and Testament. Determine Who Will be the Personal Representative. Compile a List of the Estate's Interested Parties. Take an Inventory of the Decedent's Assets. Calculate the Decedent's Liabilities. Determine if Probate is Necessary. Seek a Waiver of Bond.
