Phoenix Arizona Order for Formal Appointment of Special Administrator

State:
Arizona
City:
Phoenix
Control #:
AZ-PB-35
Format:
Word; 
Rich Text
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Description

An Order is an official written statement from the court commanding a certain action, and is signed by the judge. Failure to comply with the order is unlawful and may result in contempt of court charges. This document, a sample Order for Formal Appointment of Special Administrator - Arizona, can be used as a model to draft an order requested for submission by the court (the court often directs a party to draft an order). Adapt the language to the facts and circumstances of your case. Available for download now in standard format(s).

The Phoenix Arizona Order for Formal Appointment of Special Administrator is a legal document that designates an individual to act as a special administrator in specific circumstances. This order is typically issued by the court and outlines the duties and responsibilities of the appointed special administrator. The purpose of this order is to provide a temporary solution or expedite the administration process when there is an urgent need for someone to handle the affairs of an estate or a decedent's property. It is usually utilized when the appointment of a regular personal representative or executor is not immediately possible due to certain factors such as pending litigation, delayed probate, or the absence of a valid will. The order includes relevant information identifying the decedent, the court case number, and the specific circumstances necessitating the appointment of a special administrator. It outlines the authority granted to the special administrator, such as managing the assets, paying debts, and making necessary decisions related to the estate. Some common types of Phoenix Arizona Orders for Formal Appointment of Special Administrator include: 1. Emergency Special Administrator Appointment Order: This type of order is issued in cases where immediate action is required to protect the decedent's assets, such as when the estate is at risk of being wasted, destroyed, or misappropriated. It appoints a special administrator with the power to take necessary actions to safeguard the assets until a regular personal representative can be appointed. 2. Limited Special Administrator Appointment Order: This type of order is used when there are specific tasks or properties that need attention, but a full administration of the estate may not be necessary or practical. It appoints a special administrator with limited authority to handle a specific aspect of the estate administration, such as selling a property or settling a specific debt. 3. Special Administrator Appointment Order Pending Will Contest: In situations where the validity of a will is being contested, a special administrator may be appointed to manage the affairs of the estate until the court resolves the dispute. This order typically grants limited powers to the special administrator to maintain the status quo and preserve the assets until a final determination is made. It is important to note that the specific details and requirements for a Phoenix Arizona Order for Formal Appointment of Special Administrator may vary based on the jurisdiction, court rules, and individual circumstances of the case. Consulting with a legal professional is advisable to navigate the complexities of this process accurately.

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FAQ

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.

In Arizona, a personal representative (known in many states as an executor) is the person or entity appointed by the Court to administer the estate and assets of someone who has died (a decedent).

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.

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.

How Long Does Probate Take in Arizona. According to Arizona law, probate proceedings must be kept open for at least 4 months to allow any creditors to make their claims. Informal probates typically last between 6-8 months, depending on how quickly the Personal Representative completes their required duties.

Whether you are an executor (appointed by a will) or an administrator (given powers to administer the estate by the Probate Registry where there is no will, known as an 'intestacy') there are five key stages to the probate process.

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.

The family would need to submit an affidavit to the court showing the assets and a copy of the will. Once the court grants the transfer of property to the heirs, the process is completed. Any property held in joint tenancy will automatically transfer to the surviving owner without the need to go through probate.

The Five Steps of Probate Step One ? The Immediate Post-Death Requirements.Step Two ? Valuing the estate.Step Three ? Preparing the IHT Return.Step Four ? Applying for the Grant.Step Five ? Post-Grant Estate Administration.

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Phoenix Arizona Order for Formal Appointment of Special Administrator