Probate in Arizona | AZ Legal Resources | FastCounsel

How do I distribute wrongful death proceeds to rightful heirs in Arizona?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your situation. Detailed Answer Under Arizona law, distribution of wrongful death proceeds follows a statutory hierarchy set out in Arizona Revised Statutes (ARS). You must first obtain a final judgment or settlement and then […]

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How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in AZ

How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate 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. Understanding Medicaid Estate Recovery in Arizona Arizona’s Medicaid agency, the Arizona Health Care Cost Containment System […]

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How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in Arizona

When a decedent holds a corporate interest in Arizona, the personal representative or inheritor may need to obtain and review the company’s formation documents and bylaws. These materials reveal incorporation details, governance rules and restrictions on share transfers. Below is a step-by-step guide under Arizona law. Detailed Answer 1. Identify the Business Entity Confirm whether […]

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How can an interested party open probate for a decedent’s estate in Arizona?

Detailed Answer When a person dies, their estate typically must go through probate before assets transfer to heirs or beneficiaries. In Arizona, an interested party—such as a named executor, heir, beneficiary, or creditor—can open probate in the superior court of the county where the decedent was domiciled. Below are the key steps under Arizona law. […]

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What information and duties is a personal representative required to provide to heirs in Arizona?

Disclaimer: This article is for general informational purposes and does not constitute legal advice. Consult an attorney for guidance on your specific situation. Detailed Answer 1. Initial Notice to Heirs and Beneficiaries Within 30 days of appointment, a personal representative must mail a notice of appointment and copies of the will to all heirs and […]

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What Steps Are Required to File Probate Court Documents and Publish Creditor Notices in Arizona?

Disclaimer: This information is for educational purposes and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer Step 1: Determine the Type of Probate In Arizona, estates proceed through either informal or formal probate under Title 14 of the Arizona Revised Statutes. Informal probate is faster […]

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How to Determine if a Transferred Vehicle Must Be Treated as Estate Property After a Decedent’s Death in AZ

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Arizona Revised Statutes (ARS) §14-2101 defines “property of the estate” as all assets in which a decedent held an interest at the time of death. A vehicle titled solely in the decedent’s name at death ordinarily remains estate property. […]

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How to Determine the Proper Venue for Opening or Transferring a Decedent’s Estate in Arizona

Disclaimer: This article does not constitute legal advice. It provides general information about Arizona probate venue rules. For advice on your specific situation, consult a licensed attorney. Detailed Answer In Arizona, you must open or transfer a decedent’s estate in the proper county-based venue defined by statute. Generally, venue rules ensure that probate courts in […]

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Should an Executor Confirm Available Estate Funds Before Settling a Creditor Claim in Arizona?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified probate attorney licensed in Arizona before taking any action. Detailed Answer Under Arizona law, an executor (also called a personal representative) owes a fiduciary duty to gather estate assets, pay valid debts, and distribute remaining property to heirs […]

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What steps should be taken to negotiate and settle a creditor claim during probate in Arizona?

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 […]

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