Detailed Answer
When someone passes away, the personal representative (executor or administrator) must gather key documents and certificates to open probate and handle the decedent’s estate. In Arizona, the court uses these materials to verify assets, liabilities and heirs before issuing letters testamentary or administration.
Key Documents and Certificates
- Certified Death Certificate: Obtain multiple certified copies. Required by the court and third parties (banks, insurers). See A.R.S. § 36-328.
- Original Will and Codicils: Submit the signed original will and any codicils to the superior court. If none, a statement of intestacy applies.
- Trust Agreements: If the decedent created a revocable or irrevocable trust, gather trust documents and amendments.
- Property Deeds and Titles: Collect deeds for real estate and titles for vehicles, boats and other titled assets.
- Financial Account Statements: Bank, brokerage, retirement and investment account statements as of date of death.
- Insurance Policies: Life, health, homeowner’s and auto policies, including beneficiary designations.
- Tax Returns: Recent federal and state income tax returns and, if applicable, gift tax or estate tax filings.
- Beneficiary Designations: Documents showing named beneficiaries on IRAs, 401(k)s and other assets outside probate.
- Loan and Mortgage Documents: Statements for mortgages, car loans, home equity lines and other debts.
- Business or Partnership Agreements: Operating agreements, buy-sell agreements and corporate documents if the decedent held business interests.
- Family Records: Marriage certificates, birth certificates of heirs and adoption decrees to establish relationships and inheritance rights.
Arizona Probate Statute References
To open probate, the personal representative files a petition under A.R.S. § 14-3201. That petition must include a certified death certificate, the original will (if any) and an inventory of known assets. Arizona courts may also require additional forms—such as an oath of personal representative—under A.R.S. § 14-3501.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Order at least 10 certified death certificates in one request.
- Keep originals in a secure folder or safe deposit box.
- Use an indexed binder or digital folder for easy access and sharing.
- Contact financial institutions early; some require specific probate forms.
- Label documents clearly to speed court filings.
- Consult a probate attorney if you face complex assets or family disputes.