If the Estate has been fully administered and it is ready to be closed, file the original Closing Statement ing to the instructions above. Then send a copy of your conformed Closing Statement along with a note requesting that the hearing be canceled to the Commissioner assigned to your case.
Virtually anyone over the age of 18 can be your executor. Arizona law states that your executor must also be an Arizona resident, although other states' laws will vary. There may also be an appeals process in your state to name an out-of-state executor. Many states also restrict the ability to appoint a felon.
That is accomplished by filing with the local Probate Court a pleading called an Application for Informal Probate of Will and Appointment of Personal Representative. Alternatively, in the case of an intestate decedent, the pleading is called an Application for Informal Appointment of Personal Representative.
An informal appointment or probate, or a formal testacy or appointment proceeding, may be commenced after the two-year deadline if no court proceeding concerning the administration or succession has occurred within the two-year period.
Informal probate requires that the deceased had a valid will at the time of death that has not been challenged and died less than 2 years before probate is opened. In an informal probate process, a personal representative is appointed by the court to administer the estate with minimal court supervision.
That is accomplished by filing with the local Probate Court a pleading called an Application for Informal Probate of Will and Appointment of Personal Representative. Alternatively, in the case of an intestate decedent, the pleading is called an Application for Informal Appointment of Personal Representative.
Required to present their claims within four months after the date of the first publication of the notice to creditors or the claims will be forever barred. required to present their claims within four months after receipt of the notice to creditors by mail or the claims will be forever barred.
There may be additional hearings to resolve contests, and the executor will probably need court approval before making major decisions and actions. Informal probate is obviously the quickest and can conclude in 4 – 6 months. Formal probate may take up to a year or longer.
In Arizona, probate is always required for wills and assets that aren't in a trust or included in a transfer-on-death deed. Probate is also required for large estates consisting of personal property valued at over $75,000 and real estate property valued at over $100,000.
Probate Shortcuts in Arizona ValueOther Requirements Personal Property < $75,000 No ongoing formal probate Real Estate <$100,000 No personal representative appointed (or active during the last year)