Do I Have to Post a Bond to Serve as Administrator in Arizona Probate?
Do I have to post a bond to serve as an administrator (no will) in Arizona probate? Short answer: Under Arizona law, a personal representative (administrator) will usually be required to file a bond when appointed to administer an intestate (no-will) estate, but the court can approve a waiver in certain situations. A waiver typically […]
Read article →Arizona: Enforcing or Disputing an Oral Agreement to Divide Wrongful Death Proceeds
Enforcing or Disputing an Oral Agreement to Divide Wrongful Death Proceeds in Arizona Short answer: In Arizona, who can settle or divide wrongful death proceeds and how to enforce or challenge an oral agreement depends on (1) whether the agreement involved the personal representative (executor/administrator) or only family members/beneficiaries, (2) whether the agreement was actually […]
Read article →Arizona: Selling Estate Property When a Co-Administrator Refuses to Sign
Detailed Answer Short answer: If one co-administrator refuses to sign to sell estate real property in Arizona, the usual path is to ask the probate court to authorize the sale (or to remove or limit the co-administrator’s authority). The court can order the sale over the refusal when that action is necessary to pay debts […]
Read article →Arizona: How to Get Court Approval to Release Estate Funds When Beneficiaries Disagree
Getting Court Approval to Release Estate Funds When Beneficiaries Disagree Disclaimer: This article explains general Arizona probate processes for educational purposes only. It does not provide legal advice. Consult a licensed Arizona attorney about your specific situation. Detailed answer — how the process works in Arizona When estate beneficiaries or potential heirs disagree about splitting […]
Read article →Arizona: Which Assets Must Go Through Probate and Which Pass Directly to Survivors?
How Arizona Assets Transfer at Death: Which Need Probate and Which Pass Directly to Survivors Detailed answer — overview This explanation describes, under Arizona law, the common categories of assets that usually must go through court administration (probate) and the common categories that transfer automatically to survivors outside probate. It uses basic hypothetical examples to […]
Read article →Arizona: What Happens to Leftover Sale Proceeds After a Parent’s House Is Sold?
Short answer Usually, yes: if a decedent’s house is sold and the sale proceeds remain after paying mortgage, funeral costs, taxes, administration expenses and valid creditor claims, the remaining money becomes part of the decedent’s estate and is distributed according to the will. However, Arizona law and the way the property was owned (sole name, […]
Read article →Arizona — How to file your father's will in court when someone refuses to give the original
What to do if someone withholds your father's original will in Arizona Short answer: Start by asking the person holding the will to turn it over and document that request. If that fails, file a petition to probate the will in the Superior Court in the county where your father lived and ask the court […]
Read article →How to Appeal a Denied Physical Therapy Claim Marked ‘Filed Late' in Arizona
Step-by-step guide to challenging a health-plan denial for a physical therapy claim the insurer says was filed late Detailed answer: what to do first and the full appeal process in Arizona This section explains the practical steps you should take if a health plan denies a physical therapy (PT) claim because the plan says it […]
Read article →Arizona: Partition Actions When a Co-Owner Has Been Adjudicated Incompetent and Has a Court-Appointed Guardian
How a Partition Action Works in Arizona When One Co-Owner Is Adjudicated Incompetent and Has a Court-Appointed Guardian Short answer: In Arizona, a partition action proceeds in civil court, but the incompetent owner’s court-appointed guardian represents the owner’s legal interests. The guardian may need authorization from the probate court to join, defend, or agree to […]
Read article →Arizona: Distribution of Remaining Estate Funds to Children After Taxes and Claims
Detailed Answer: How Arizona estates distribute remaining funds to the decedent's children after taxes, claims, and expenses are settled When an estate has paid taxes, creditor claims, and administration costs, the next step is to distribute the remaining assets (the "residue") to the heirs or beneficiaries. In Arizona this process depends on whether the decedent […]
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