Detailed Answer
When someone dies in Arizona, the personal representative (also called the executor or administrator) is legally responsible for collecting the deceased person’s assets, identifying and paying valid debts and claims, and then distributing whatever remains to heirs or beneficiaries. Finding out which debts or claims must be paid before distribution requires a mix of document review, formal notice steps that the probate code requires, and careful handling of claims that come in.
How the legal process works — an overview
Under Arizona probate law (Title 14 of the Arizona Revised Statutes), the personal representative must:
- locate and secure estate assets;
- identify known creditors and give them written notice;
- publish a notice to unknown creditors in a local newspaper as required;
- receive and evaluate creditor claims;
- pay allowed claims and follow statutory priorities; and
- distribute the remaining assets only after valid debts are paid or properly resolved.
For the statutory framework see Arizona’s probate statutes at Title 14, Arizona Revised Statutes: https://www.azleg.gov/arsDetail/?title=14. Practical probate guidance is available from the Arizona Judicial Branch: https://www.azcourts.gov/selfservice/Probate.
Step-by-step: How to find and handle debts or claims
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Gather records immediately.
Start with the decedent’s mail, email, bank and credit card statements, tax returns, mortgage or car loan documents, recent bills, retirement account statements, medical records, safe-deposit box contents, and any contracts or loan paperwork. These documents reveal known creditors and recurring obligations.
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Order the decedent’s credit report(s).
Pulling a credit report from the three major bureaus can reveal outstanding accounts and collection activity that might not be in the decedent’s files.
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Identify secured vs. unsecured claims.
Secured claims (mortgage, car loan, tax liens) are attached to specific property and generally must be paid or the creditor may enforce the security interest. Unsecured claims (credit cards, medical bills) are paid from the estate’s general assets according to probate priorities.
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Provide notice to creditors.
The personal representative must give required notices under Arizona probate rules. Arizona law requires notice procedures for creditors. Giving notice starts the formal period during which creditors can present claims against the estate. See Title 14 (Arizona Revised Statutes) for the statutory notice and claims rules: https://www.azleg.gov/arsDetail/?title=14. For practical steps and local filing requirements, see the Arizona courts probate page: https://www.azcourts.gov/selfservice/Probate.
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Accept, reject, or object to claims.
When claims arrive, the personal representative evaluates whether the claim is valid, whether it is timely, and whether it is secured. Valid claims should be paid from estate funds before distributions are made. If a claim appears invalid or inaccurate, the representative can object and, if necessary, defend the estate in probate court.
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Follow statutory priority when paying claims.
Arizona law sets priorities for payment (administration expenses, funeral costs, taxes, secured creditors, unsecured creditors, etc.). The personal representative must follow those priorities when estate funds are limited. See the probate statutes in Title 14 for details: https://www.azleg.gov/arsDetail/?title=14.
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Keep records and get receipts.
Keep written records for every notice sent, claim received, and payment made. That protects the personal representative from later disputes and helps prepare the final accounting required by the court.
Example (hypothetical facts)
Maria is named personal representative for her brother’s estate in Maricopa County. She:
- found mortgage statements, two credit cards, a car loan, medical bills, and recent unpaid utility bills;
- ordered a credit report and found a collection account for an old hospital bill;
- mailed written notice to known creditors and published a creditor notice in the local newspaper as required;
- received a mortgage payoff demand (secured), two timely credit-card claims (unsecured), and one late-filed claim that arrived after the claim period; and
- paid the mortgage-related payoff (to protect the home) and the administrative expenses first, then paid allowed unsecured claims to the extent estate funds covered them; she filed an objection to the late claim based on the probate notice period and the court sustained the objection.
What if a creditor misses the deadline or a claim is disputed?
Arizona law creates deadlines and procedures that affect whether a claim is allowed. If a creditor fails to follow the statutory procedure or the claim is not filed timely, the claim may be barred. If a claim is disputed, the personal representative can object and the probate court will decide. Because deadlines and procedures matter a lot, the personal representative should keep close track of notice dates and consult probate rules or counsel before accepting or paying large or disputed claims.
When should you get an attorney?
Consider hiring a probate attorney if:
- the estate is large or has complex assets (business interests, real estate in multiple states);
- there are many or disputed creditor claims, complex tax issues, or potential creditor lawsuits;
- you are unsure about notice procedures or claim deadlines under Arizona law; or
- you want help preparing the court accounting and closing the estate properly.
Because mistakes by a personal representative can create personal liability, getting legal advice is a common and prudent step in complicated cases.
Useful Arizona resources
- Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14
- Arizona Judicial Branch — Probate information: https://www.azcourts.gov/selfservice/Probate
Disclaimer
This article explains general Arizona probate concepts and is not legal advice. It does not create an attorney-client relationship. For help about a specific estate, deadlines, or to resolve contested claims, consult a licensed Arizona probate attorney.
Helpful Hints
- Start collecting the decedent’s financial records immediately — the sooner you act, the easier it is to spot creditors.
- Order the decedent’s credit reports (Equifax, Experian, TransUnion) to uncover hidden debts or collections.
- Document all notices you send and all publications you run — dates matter for deadlines.
- Treat secured debts (mortgage, car loan) differently — these often require action to protect the estate’s property.
- Don’t distribute estate assets until creditor claims are resolved or the court authorizes distribution — premature distribution can create personal liability.
- When a claim looks suspicious or is large, get legal advice before paying or settling.
- Keep a clear, dated payment and claim log as part of the estate records to support the final accounting.