Phoenix Arizona Petition for Formal Probate and Appointment of Personal Representative

Category:
State:
Arizona
City:
Phoenix
Control #:
AZ-PB-2-FOR
Format:
Word; 
Rich Text
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Description

This model form, a Petition for Formal Probate and Appointment of Personal Representative - Arizona, is intended for use to initiate a request to the court to take the stated action. The form can be easily completed by filling in the blanks and/or adapted to fit your specific facts and circumstances. Available in for download now, in standard format(s).

The Phoenix Arizona Petition for Formal Probate and Appointment of Personal Representative is a legal document that is filed with the probate court in Phoenix, Arizona. This petition is used to initiate the formal probate process and to request the appointment of a personal representative to administer the estate of a deceased individual. The purpose of this petition is to establish the validity of the decedent's will, if one exists, and to facilitate the distribution of their assets to the rightful beneficiaries. It is typically filed by someone who has an interest in the estate, such as a family member or close friend of the deceased, and who is seeking to be appointed as the personal representative. There are several types of Phoenix Arizona Petition for Formal Probate and Appointment of Personal Representative, depending on the specific circumstances of the case. Some common types include: 1. Petition for Formal Probate and Appointment of Personal Representative with Will: This type of petition is used when the decedent left a valid will. It requests that the court recognize the will as legally binding and appoint a personal representative to carry out its instructions. 2. Petition for Formal Probate and Appointment of Personal Representative without Will: In cases where the decedent did not leave a valid will, this type of petition is filed. It asks the court to appoint a personal representative who will administer the estate according to the Arizona intestate succession laws. 3. Petition for Formal Probate and Appointment of Successor Personal Representative: If a previously appointed personal representative is unable or unwilling to continue serving in their role, this petition can be filed to request the appointment of a successor personal representative. 4. Petition for Formal Probate and Appointment of Special Administrator: When immediate action is required to preserve the estate or protect the interests of the beneficiaries, this petition is submitted to ask for the appointment of a special administrator who will temporarily oversee the estate until a permanent personal representative is appointed. Each type of petition has its own specific requirements and procedures, and it is important to consult with an attorney or legal professional to ensure that the correct petition is filed and that all necessary documents and information are provided to the court.

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FAQ

The average cost of probate in Arizona can vary depending on a number of circumstances, but legal fees alone can range, on average, anywhere from $2,000 to about $5,000.

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.

Completing a paper probate application form You can do this yourself or you can call the probate and inheritance tax helpline on 0300 123 1072 or see HMRC for help completing the form.

How Long Do You Have to File Probate After Death in Arizona? According to Arizona law (ARS14-3108), the executor of an estate has two years from the date of death to file probate. This timeframe can be extended under certain circumstances, such as if the deceased left behind minor children.

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.

The Decedent's Creditors May Take Action Creditors have two years to file a valid claim against a decedent's estate if probate hasn't been opened. If the estate's beneficiaries and heirs fail to take action, the decedent's creditors can file a petition to start the estate settlement proceedings.

Settling an Estate in Arizona The first step is to file the will and a petition for probate with the county court where the deceased person lived or where they had property if they lived out of state. A personal representative is appointed by the court, which is usually the person named in the will.

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.

When is a probate action required in Arizona? Under Arizona law, the general rule is that if the deceased person owned more than $100,000 of equity in real estate, or more than $75,000 of personal property (including physical possessions and money), then a probate action is required to transfer the assets to the heirs.

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See Procedures: How to Apply to be Personal Representative to find out what documents you should complete and file with the Probate Registrar. What are the steps in a typical Probate?A hearing will be scheduled to validate the will (if the decedent has one) and appoint the personal representative.

After the will is validated the court may issue a certificate of appointment to the personal representative. After the Personal Representative is appointed, a petition for probate will be filed in the office of the Probate Judge and verified through the local clerk. If all paperwork is filed correctly and all witnesses are called, the trial begins.

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Phoenix Arizona Petition for Formal Probate and Appointment of Personal Representative