When a loved one passes away in Arizona, their estate typically goes through probate – the legal process of validating the will, paying debts, and distributing assets. As both an attorney and CPA who has guided countless families through probate, I want to help you understand what to expect and the key steps involved.
Initial Steps After Death
The days immediately following a death require several important actions:
- Obtain multiple certified copies of the death certificate
- Secure the deceased’s residence and valuable property
- Locate the will and other estate planning documents
- Contact immediate family members and the named personal representative
- Begin gathering information about assets and debts
During this difficult time, it’s crucial to avoid making any major financial decisions or distributions until consulting with qualified legal counsel who can help ensure everything is handled properly under Arizona law.
Understanding Arizona Probate Requirements
Arizona law provides different types of probate proceedings depending on the estate’s complexity and family dynamics. Most Arizona estates qualify for informal probate, but in cases involving disputes or unusual assets, formal or supervised proceedings may be required. Small estates may qualify for a simplified process using affidavits. Learn more about each option in Types of Probate in Arizona.
The Personal Representative’s Role
The personal representative (executor) has important duties under Arizona law (A.R.S. § 14-3703):
- Take control of estate assets and create an inventory
- Provide Notice to Creditors
- Pay valid debts and taxes
- Distribute remaining assets to beneficiaries
- File the required court documents and accountings
- Act as a fiduciary with the highest duty of care
The personal representative must notify creditors through publication and direct mail. Creditors then have 4 months to file claims against the estate (A.R.S. § 14-3801).
Asset Distribution and Closing the Estate
Once debts are paid, the personal representative can distribute remaining assets according to the will or Arizona intestacy laws. Key considerations include:
- Getting court approval if required
- Documenting all distributions
- Obtaining receipts from beneficiaries
- Filing final tax returns
- Closing the estate properly
The estate can be closed informally by filing a closing statement or formally through a court order. If no proceedings are pending, the personal representative’s appointment terminates one year after filing the closing statement (A.R.S. § 14-3933).
Schedule a Consultation Today
Navigating probate while grieving can feel overwhelming. Our firm provides experienced guidance to help you through every step of the process efficiently and properly. We invite you to schedule a consultation to discuss your specific situation and how we can assist.
Sorrell Estate & Probate 8990 E Raintree Dr #110 Scottsdale, AZ 85260 (480) 660-4940.
Located in Scottsdale, we serve clients throughout Arizona.