Probate in Arizona | AZ Legal Resources | FastCounsel

Can I elect to receive a life estate instead of an intestate share in Arizona?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for advice tailored to your situation. Detailed Answer Under Arizona law, a surviving spouse who would inherit under intestacy has the right to elect a life estate in the decedent’s principal residence instead of taking an intestate share […]

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How does an executor obtain an EIN for the estate in Arizona?

Detailed Answer An Employer Identification Number (EIN) is a federal tax ID issued by the IRS for estates. It allows the personal representative (often called an executor) to open bank accounts, file tax returns, and manage estate finances. Although Arizona law does not require a state-level ID, the personal representative must still obtain an EIN […]

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What is the difference between informal and supervised probate in Arizona?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer In Arizona, probate follows either an informal (unsupervised) process or a formal (supervised) process. Both procedures transfer assets from a deceased person to heirs or beneficiaries, but they differ in court involvement, cost, and timing. Informal Probate (Unsupervised) Under […]

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Do I Have to List Personal Property Assets When Completing a Year’s Allowance in Arizona?

Detailed Answer In Arizona probate, a year’s allowance provides financial support to a decedent’s surviving spouse and minor children out of the estate’s net personal property. Under A.R.S. §14-2702, they may claim up to one year’s worth of support in cash or specified household goods, clothing, fuel and other personal items. A.R.S. §14-2702 When you […]

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How to Request and Schedule a Probate Hearing in Arizona When None Is Set

How to Request and Schedule a Probate Hearing in Arizona When None Is Set Disclaimer: This article provides general information on Arizona probate procedure and does not constitute legal advice. Detailed Answer: Requesting and Scheduling a Probate Hearing in AZ In Arizona, a probate proceeding begins when an interested person files a petition with the […]

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How to Serve Court Orders on Interested Parties to Move a Probate Case Forward in Arizona

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an Arizona attorney for guidance on your specific situation. Detailed Answer To move an Arizona probate case forward, you must properly serve all interested parties with court orders. Arizona law defines “interested parties” to include heirs, beneficiaries, creditors, and others […]

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How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in Arizona

Detailed Answer Understanding the Initial Probate Representation Agreement An initial probate representation agreement outlines the scope of legal services your attorney will provide when you open a probate estate in Arizona. The agreement serves as a roadmap, defining which tasks your lawyer will handle and which services may trigger additional fees. Knowing what falls within […]

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May I petition a court to remove an estate administrator who refuses to fulfill their duties in Arizona?

Detailed Answer Under Arizona law, you may petition the probate court to remove an estate administrator (also called a personal representative) who refuses or fails to carry out required duties. The process and grounds for removal are set out in the Arizona Revised Statutes. Who Is an Estate Administrator? An estate administrator is appointed by […]

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Do I Need to Open an Estate to Pursue a Wrongful Death Claim After a Car Accident in Arizona?

Detailed Answer This article explains how Arizona law treats wrongful death claims after a car accident. It is not legal advice. Under Arizona Revised Statutes (A.R.S.) §12-612, a wrongful death action must be brought by the personal representative of the decedent’s estate. To appoint a personal representative, you file a probate petition in the Superior […]

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How to Apply for Letters of Administration and Required AOC Forms in Arizona

How to Apply for Letters of Administration and Required AOC Forms in Arizona Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation. What Are Letters of Administration? Letters of administration are court-issued documents that authorize a personal representative to manage and […]

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