Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Gathering key documents and information before a loved one’s death can speed up probate under Arizona law. Arizona’s probate framework is found in Title 14 of the Arizona Revised Statutes (A.R.S. §§ 14-101 et seq.). Review the following categories to prepare a complete file for the personal representative.
1. Estate Planning Documents
- Last Will and Testament – Locate any original will and codicils. A will directs property distribution in probate (A.R.S. § 14-2501).
- Revocable Living Trust – If assets are titled in a trust, most property avoids probate. Provide the trust agreement and amendments.
- Durable Power of Attorney – Authorizes an agent to handle finances before incapacity. Having this ready ensures seamless management.
- Advanced Healthcare Directive – Also called a living will; it names a medical decision-maker.
2. Financial Records and Asset Inventories
- Bank and Investment Statements – Include account numbers, institutions, and recent statements for checking, savings, brokerage and retirement plans.
- Real Estate Deeds – Provide deeds for all Arizona property, including parcel numbers and address. Confirm joint tenancy status (A.R.S. § 33-403).
- Vehicle Titles – Include titles for cars, boats or RVs. Jointly titled vehicles may bypass probate.
- Business Ownership Records – Partnership agreements, corporate bylaws or LLC operating agreements.
- List of Personal Property – Furnish an inventory of jewelry, art, collectibles and family heirlooms.
3. Insurance and Benefits
- Life Insurance Policies – Policy documents, beneficiaries and payouts.
- Retirement Accounts & Pensions – 401(k), IRA or pension plan statements showing designated beneficiaries.
- Social Security & Veterans Benefits – Record Social Security number, benefit letters, and VA paperwork if applicable.
4. Debts, Liabilities and Professional Contacts
- List of Creditors – Mortgages, credit cards, medical bills and personal loans, along with contact information.
- Tax Returns – Federal and Arizona returns for the past three years to aid estate income tax filings.
- Professional Advisors – Names and contact details for the decedent’s attorney, CPA or financial planner.
5. Personal and Digital Information
- Personal Identification – Copies of driver’s license, passport, Social Security card and birth certificate.
- Digital Asset List – Email, cloud storage, social media with login credentials or a secure password manager.
- Funeral & Burial Instructions – Prepaid plans or written wishes to reduce family stress.
Keeping these records organized in a secure location—such as a fireproof safe or encrypted digital vault—allows the personal representative to file estate inventories, pay debts, and distribute assets efficiently. Under A.R.S. § 14-3114, an inventory must be filed within three months of appointment.
Helpful Hints
- Review and update documents every 2–3 years or after major life events (marriage, divorce, births).
- Store originals in a known secure place; provide copies to the personal representative or trustee.
- Use clear labels and an index to guide the representative through the file.
- Keep beneficiary designations current on financial and insurance accounts.
- Consider a nominal “family meeting” to communicate where documents are stored and who serves in key roles.
For more on Arizona probate law, visit the Arizona Legislature’s site for Title 14 statutes: https://www.azleg.gov/arsDetail/?title=14