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The person acting as the executor of the estate must petition the court to request the letter of testamentary. After they file the necessary documents, the probate court checks them to ensure compliance and authenticate the will.
The Estate Settlement Timeline: Although there is no hard and fast deadline in Arizona law, it's generally advisable to submit the will within 30 days to avoid unnecessary delays in the probate process.
However, there is a bright line limit in the amount of time when an estate should be closed and some form of Probate can proceed. In Arizona, a Probate case must be commenced within two years after a decedent's death.
If creditors don't submit their claims within that time period (which starts at the date of the notice's first publication), they are forever barred from filing a claim. If you received mailed notice of the decedent's death, you can make a claim within 60 days, even if the 4-month period already passed.
Statute of Limitations in Arizona The statute of limitations for credit card debt is three years. For car loans, mortgages and medical debts it's six years, and for unpaid taxes it's 10 years. The timeframe indicates the amount of time a debt collector has to collect a debt.
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.