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
Instant download

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).

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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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Phoenix Arizona Petition for Formal Probate and Appointment of Personal Representative