Detailed Answer
When someone dies in Arizona, the personal representative (formerly “executor”) must identify, review, negotiate and resolve creditor claims before distributing estate assets. Arizona Probate law (Title 14 of the Arizona Revised Statutes) sets strict procedures and deadlines.
- Identify and Notify Creditors
Within two months of appointment, publish a notice to creditors in a local newspaper and mail notice to known creditors. See ARS §14-3802: https://www.azleg.gov/ars/14/03802.htm. - Receive and Review Proofs of Claim
Creditors must file a written Proof of Claim under ARS §14-3804 within four months of appointment or within two months after receiving notice, whichever is later. See ARS §14-3804: https://www.azleg.gov/ars/14/03804.htm. - Evaluate Claim Validity
Confirm debt amounts, due dates and supporting documents. Compare claims against estate records and any prior agreements. - Communicate and Negotiate
Reach out to the creditor or their attorney. Propose a settlement amount or payment schedule. Highlight the alternative cost and delay of contested litigation. - Document Settlement Terms
Prepare a written agreement detailing the agreed amount, payment deadlines, and a full release of further claims upon payment in full. - Obtain Court Approval When Required
For contested claims or settlements over $500, file a petition under ARS §14-3814 and secure court approval before payment. See ARS §14-3814: https://www.azleg.gov/ars/14/03814.htm. - Pay the Settled Claim and Close the Claim File
Issue payment per the agreement. Update the estate’s accounting ledger. Report final accounting to the court and request discharge of the personal representative.
Disclaimer: This article provides general information about Arizona probate procedures and does not constitute legal advice. Consult a licensed probate attorney to address your specific situation.
Helpful Hints
- Use a spreadsheet to track each claim, deadlines, and payment status.
- Keep copies of all mailed notices and published advertisements.
- Review Arizona probate statutes at: https://www.azleg.gov/ars/14/03800.htm.
- Consider mediation or alternative dispute resolution for high-value or complex claims.
- Consult a probate attorney before finalizing any significant settlement.