Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Estate Administration: Steps to Locate, Inventory, Distribute Assets, and Settle Debts in Arizona
1. Appointment of a Personal Representative
Before administering an estate, the court appoints a personal representative (PR). Interested parties file a petition with the probate court in the decedent’s county of residence. The PR receives “Letters Testamentary” or “Letters of Administration,” granting authority to act on behalf of the estate (A.R.S. §14-3101).
2. Locating Estate Assets
The PR must identify all estate assets. Common items include bank accounts, real estate titles, investment portfolios, vehicles, and personal property. Effective methods include:
- Reviewing the decedent’s financial records and safe-deposit boxes.
- Consulting with banks, employers, and financial advisors.
- Searching public records for real estate and business interests.
3. Inventory and Appraisal
Within 60 days of appointment, the PR must file an inventory listing all probate assets and their fair market values (A.R.S. §14-3802). The court may require professional appraisals for real estate or high-value items. Accurate valuation ensures proper debt settlement and distribution.
4. Notice to Creditors
Arizona law requires the PR to publish a Notice to Creditors in a local newspaper and send direct notice to known creditors (A.R.S. §14-3401). Creditors typically have four months to file claims. After the publication period ends, the PR reviews and approves valid claims.
5. Payment of Debts and Expenses
The PR pays valid debts, funeral expenses, taxes, and administrative costs from estate funds. Prioritize claims according to the statutory payment order: administrative expenses first, followed by secured claims, priority wages, funeral expenses, and remaining debts (A.R.S. §14-3806).
6. Distribution of Remaining Assets
Once debts and expenses are paid, the PR distributes the remaining assets to beneficiaries under the will or, if intestate, per Arizona’s intestacy statutes (A.R.S. §14-3710). Distributions require court approval in a final decree.
7. Final Accounting and Closing the Estate
The PR submits a final accounting to the court, detailing all receipts, disbursements, and distributions. After court review and approval, the PR files a petition to close the estate and is discharged from duties.
Helpful Hints
- Obtain multiple death certificates early—creditors and financial institutions require them.
- Keep detailed records and copies of all filings and communications.
- Consult a probate attorney if estate complexity or disputes arise.
- Maintain deadlines for inventory (60 days) and creditor claims (4 months).
- Use certified mail for notices to creditors to track delivery.