A Notice form provides legal notification to a party of an important aspect of a legal matter. Failure to provide proper notice is often the cause of delays in the progress of lawsuits and other legal matters. This model form, a Notice of Formal Probate and Appointment of Personal Representative - Arizona, provides notice of the stated matter. Because each case is unique, you will need to adapt the form to fit your specific facts and circumstances. Available for download now.
Tucson Arizona Notice of Formal Probate and Appointment of Personal Representative
Category:
State:
Arizona
City:
Tucson
Control #:
AZ-PB-3-FOR
Format:
Word;
Rich Text
Instant download
Description
How to fill out Arizona Notice Of Formal Probate And Appointment Of Personal Representative?
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FAQ
In Arizona, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
What happens if I don't apply for probate? If you don't apply for probate when it's needed, the deceased's assets can't be accessed or transferred to any of the beneficiaries. Probate gives a named person the legal authority to deal with the assets. Without this authority, they can't do anything with the assets.
In the state of Arizona, probate is only required if the decedent has any assets that did not transfer automatically upon their death. These assets tend to be titled individually in the decedent's name and will require a probate court to transfer the title of ownership to the intended beneficiary.
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.
Informal probates typically last between 6-8 months, depending on how quickly the Personal Representative completes their required duties. Formal and Supervised probates can last a year, or longer, depending on the complexity of the case.
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.
A typical flat fee for an informal probate would be between $1000 and $1500. If a probate is contested, or if you need a formal probate, the fees may well be substantially higher.
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.
Not all Executors have to apply for Probate, but they've all got the option to if they want to be involved in the administration of the Estate. If there is no Will, the Administrator of the Estate will need to apply for a Grant of Letters of Administration.
