Probate in Arizona | AZ Legal Resources | FastCounsel

Arizona: Securing Wrongful Death Settlement Proceeds with the Court Clerk

Disclaimer: This is educational information only and not legal advice. Consult a licensed Arizona attorney before taking action. Detailed Answer — How to hold wrongful death settlement funds with the Arizona court clerk When a wrongful death claim in Arizona resolves but the parties cannot immediately distribute money (for example because beneficiaries are unclear, some […]

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Arizona: Opening a Deceased Spouse’s Probate Estate to Pursue a Camp Lejeune Claim (FAQ)

Detailed Answer — How to open a probate estate in Arizona so the estate can pursue a Camp Lejeune claim Short overview: If your spouse died and you need to pursue a Camp Lejeune claim on behalf of their estate, you generally must be appointed the estate's personal representative (sometimes called an executor or administrator) […]

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Challenging an Administrator's Claim to Inherited Real Property in Arizona

Detailed Answer Short answer: Yes — under Arizona law you can challenge an administrator who claims ownership of real property that you believe should be part of an estate you inherit. The probate code and civil courts give heirs and interested persons several ways to correct improper transfers, recover estate property, and hold a personal […]

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Arizona: What Happens to Surplus Proceeds When a Property Owner Dies Without a Will

Detailed Answer — How Arizona handles surplus proceeds when a decedent dies intestate and siblings are involved Short answer: In Arizona, any surplus proceeds from the sale of a deceased person’s property become part of the decedent’s estate. If the decedent died without a will (intestate) and there is no surviving spouse, child, or parent, […]

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Arizona: How to File to Claim Surplus Proceeds After a Foreclosure

Detailed Answer: How to pursue surplus proceeds after a foreclosure in Arizona Short overview: When a trustee's sale produces more money than the debt and allowed costs, the excess (surplus) may belong to the former owner, heirs, or other recorded claimants. In Arizona, the law governing nonjudicial foreclosures and distribution of sale proceeds appears in […]

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Arizona: Claiming Surplus Funds After a Tax Foreclosure Sale

Overview: Who may be entitled to surplus funds after an Arizona tax sale Detailed answer Short answer: If a county tax sale of real property in Arizona produced money in excess of the taxes, penalties, interest and sale costs, the former owner (or the former owner's heirs or personal representative) and certain lienholders can seek […]

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How to Document a Repossessed Vehicle When Settling a Loved One's Estate in Arizona

Documenting a Repossessed Vehicle When Settling a Loved One's Estate in Arizona This FAQ explains how to document a vehicle that a creditor repossessed when you are administering a deceased person’s estate in Arizona. It covers what documentation to collect, how to list the vehicle in the probate inventory, how repossession affects estate claims, and […]

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Arizona — If a Sibling Says You Mismanaged Estate Assets After Selling Dad’s Car: What Happens

Detailed answer — Arizona probate, fiduciary duties, and a sold family car When you are the personal representative (executor or administrator) of an Arizona estate, you owe fiduciary duties to the estate and its beneficiaries. Those duties include identifying and protecting estate property, avoiding self-dealing, getting a reasonable value when selling estate assets, and providing […]

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Arizona: Transferring a Deceased Parent’s Car Title to the Surviving Parent When the Title Is Missing

Detailed Answer: How to transfer a deceased parent’s vehicle title to the surviving parent in Arizona when the original title is missing Short answer: In Arizona you can often transfer a decedent’s vehicle to a surviving spouse (or other successor) without full probate by using the state’s small-estate or affidavit procedures and the Motor Vehicle […]

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Arizona Probate: Challenging a Petition for Possession and Control of Estate Property

Detailed Answer Short overview: If someone files a petition asking the probate court for possession and control of decedent property in Arizona, interested persons (heirs, beneficiaries, creditors, or other interested parties) can oppose that petition. Opposition can stop or limit the proposed control, force a hearing, and preserve estate property while the court resolves rights. […]

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