INFORMAL
PROBATE
1
Application for Appointment as
Personal Representative
(known in other states as “executor”)
Part 1: The Appl
ication and Notice
(Forms and Instructions Packet)
© Superior Court of Arizona in Maricopa County
ALL RIGHTS RESERVED
PBIP1 –
5270 - 082719
LAW LIBRARY RESOURCE CENTER
INFORMAL PROBATE
APPOINTMENT OF PERSONAL REPRESENTATIVE
AND ADMISSION OF WILL (if applicable)
CHECKLIST
You may use the forms and instructions in this packet only if the following factors
apply to your situation:
You are related to a person who died or you have a legal interest in the person’s
property.
The person had a will or did not have a will.
If the person did have a will, you have the original will, AND
The person died more than 120 hours ago, but less than 2 years ago.*
You want to file court papers to be appointed the Personal Representative of the
estate.
*There are certain limited exceptions to the two-year limitation for informal probate listed in Arizona
Revised Statutes (A.R.S.) Title 14 § 3108. An attorney may be of assistance in determining whether
your situation qualifies for one of the exceptions or in handling the more complex “formal” probate
process for which forms and instructions are not available from the court.
READ ME: Consulting a lawyer before filing documents with the court may help prevent
unexpected results. A list of lawyers you may hire to advise you on handling your own case or to
perform specific tasks, as well as a list of court-approved mediators can be found on the Law
Library Resource Center website
© Superior Court of Arizona in Maricopa County PBIP1k-120412
ALL RIGHTS RESERVED Page 1 of 1
© Superior Court of Arizona in Maricopa County PBIP1t-082719
ALL RIGHTS RESERVED Page 1 of 1
LAW LIBRARY RESOURCE CENTER
INFORMAL PROBATE
APPLICATION FOR APPOINTMENT AS PERSONAL
REPRESENTATIVE
PART 1: The Application and Notice
INSTRUCTIONS AND FORMS
This packet contains court forms and instructions to file informal probate application for appointment as personal
representative. Items in BOLD are forms that you will need to file with the Court. Non-bold items are instructions or
procedures. Do not copy or file those pages!
Order
File Number
Title
# pages
1
PBIP1k
Checklist for using this packet
1
2
PBIP1t
Table of Contents (this page)
1
3
PBT10i
IMPORTANT NOTICE REGARDING TRAINING REQUIREMENTS
1
4
PBIP11p
Procedures: How to Apply to be the Personal Representative
2
5
PBIP16p
Procedures for Appointment of Personal Representative
2
6
PBIP20p
Information on Legal Notice for Probate of Estates and What to do After you have Notified
all Interested Persons
2
7
PB25p
Procedures: How to Serve Legal Notice By Publication
2
8
PB10f
“Probate Information Cover Sheet”
2
9
PBIP19f
Informal Checklist
1
10
PBDT10f
“Declaration of Completion of Training” *
*See Instructions packet. View training material before you file to avoid delays.
1
11
PBIP11f
Waiver of Right to Appointment and Consent”
2
12
PBIP12f
“Waiver of Bond”
1
13
PBIP13f
“Application for Appointment”
4
14
PBIP14f
“Notice of Application”
1
15
PBIP15f
“Proof of Mailing Notice of Application”
1
16
PB25f
“Declaration Supporting Publication”
2
17
PBIP16f
“Statement of Informal Appointment”
1
18
PBIP17f
“Letters of Appointment and Acceptance of Appointment”
1
19
PBIP18f
“Order to Personal Representative and Acknowledgment and Information to
Heirs/Devisees
5
20
PBPRTM1
“Personal Representative Training Manual”
13
The documents you have received are copyrighted by the Superior Court of Arizona in Maricopa County. You have
permission to use them for any lawful purpose. These forms shall not be used to engage in the unauthorized practice
of law. The Court assumes no responsibility and accepts no liability for actions taken by users of these documents,
including reliance on their contents. The documents are under continual revision and are current only for the day
they were received. It is strongly recommended that you verify on a regular basis that you have the most current
documents.
IMPORTANT NOTICE
TRAINING REQUIREMENTS
Effective September 1, 2012
The Arizona Supreme Court requires that any person who is not a state-licensed
fiduciary (or a financial institution) must complete a training program approved by the
Supreme Court before Letters of Appointment to serve as a guardian, conservator, or
personal representative can be issued by the Clerk of the Court, or within 30 days of a
temporary or emergency appointment.
TRAINING SHOULD BE COMPLETED BEFORE THE COURT HEARING
Additional time may be granted for good reason.
You may access and complete the training FREE online at:
www.azcourts.gov/probate/Training.aspx
Go to the section for Non-licensed Fiduciaries and click on the link to access a
narrated slide-show presentation of the materials applicable to your situation.
The required training manuals are included in the accompanying “Forms” packet.
You may also pick up a printout of the training materials in English or Spanish
from the Law Library Resource Center. AFTER reviewing the materials, you will
need to inform the Court that you have completed the training by filing either the
Certificate available at the end of the online training, or the Declaration of
Completion form available from the Law Library Resource Center. If you have
questions about the training, contact the Probate Clerk at 602-506-3668.
© Superior Court of Arizona in Maricopa County Page 1 of 1 PBT10i -062316
ALL RIGHTS RESERVED
© Superior Court of Arizona in Maricopa County Page 1 of 2 PBIP11p 041519
ALL RIGHTS RESERVED
Law Library Resource Center
Procedures: How to apply to be the Personal Representative
What to do before you come to court to file anything:
1. Decide if you are asking for an appointment as personal representative for the person who died
with no will, or with a will. If the person died with a will, you will also be asking for the will to be
admitted into informal probate.
2. Decide if you are an appropriate person to be the personal representative. Generally, to file the
application you must be:
Over 18 years of age and
The surviving spouse of the decedent,
An adult child of the decedent,
A parent of the decedent,
A brother or sister of the decedent,
A person entitled to property of the decedent,
A person who was named as personal representative by will, or
You are a creditor and 45 days have gone by since the person died.
Read the application and all the other papers in this packet so you know what kind of information
you will need to file to be appointed personal representative.
3. Determine who all the other people are that may be entitled to be the personal representative.
Also, you will need to determine who the likely persons are who will inherit property under the will
or, to whom property will pass by law if there is no will, and who are creditors of the estate. If you
are not sure about this, talk to a lawyer who can help you decide.
4. Complete the application if you want to be appointed as personal representative. Use black ink
only.
5. Go to the people who could also be personal representatives.
Ask them if they are willing to sign a waiver of appointment and will agree to your appointment
as personal representative. If they are willing to sign a waiver, have them sign the waiver in
this packet.
If the waiver is signed, mail or deliver the waiver to all interested persons. Interested persons
are individuals who are heirs, devisees, children, spouse, creditors and others having a
property right in or claim against the estate and persons having a priority for appointment as
personal representative
© Superior Court of Arizona in Maricopa County Page 2 of 2 PBIP11p 041519
ALL RIGHTS RESERVED
6. Estimate what you think is the total value of the estate of the decedent. Go to the people who are
entitled to inherit the property under a will, or to whom property will pass by law if there is no will,
and ask them if they are willing to have you act as personal representative without a bond. If they
are willing, ask them to sign the waiver of bond if the waiver of bond is signed by all interested
persons, mail or deliver the waiver to all interested persons.
Note: a bond will be required unless it is waived by the will, in writing by all heirs if there is no will
or by all devisees/beneficiaries if there is a will.
7. Fill out the probate information cover sheet, informal checklist, the application, and attach the
original will. Make enough copies for all interested persons. Decide in which court location you
will file the application. The locations are:
Filing your papers with the court:
1. File the original application and the original will and have the copies conformed (stamped) by the
clerk of superior court and returned to you. (Conformed means that the original document was
filed with the court and date-stamped.) Fees: a list of current fees is available from the law library
resource center and from the clerk of superior court’s website.
If you cannot afford the filing fee and/or the fee for having the papers served by the sheriff or by
publication, you may request a deferral (payment plan) when you file your papers with the clerk
of superior court. Deferral applications are available at no charge from the law library resource
center.
2. Complete the notice of application. Mail or hand-deliver a copy of the notice of application and
the application for informal appointment of personal representative to everyone entitled to notice.
Read the notice of application in this packet to learn who must get notice.
If people are entitled to notice and you cannot find them even though you tried very hard to find
them, you can publish notice. Read the documents in this packet on how to serve papers when
you don’t know where the other party lives. You must publish once a week for 3 consecutive
weeks. If you publish, be sure you complete the affidavit of circumstances, and make sure the
affidavit of publication that you will get back from the newspaper is filed with the court.
3. Complete the proof of delivery or mailing of notice application. Use black ink only.
What to do next: see the Procedures for appointment of personal representative in this packet.
Downtown Phoenix:
Central Court Building, 1
st
Floor
201 West Jefferson
Phoenix, AZ 85003
Northeast Phoenix:
Northeast Regional Court Facility
18380 North 40
th
Street
Phoenix, AZ 85032
Surprise:
Northwest Regional Court Facility
14264 West Tierra Buena Lane
Surprise, AZ 85374
Mesa:
Southeast Court Facility,1
st
Floor
222 East Javelina Avenue
Mesa, AZ 85210
LAW LIBRARY RESOURCE CENTER
PROCEDURES FOR APPOINTMENT OF PERSONAL REPRESENTATIVE
AND ADMISSION OF WILL
(if any) TO PROBATE
STEP 1 VIEW REQUIRED TRAINING MATERIALS BEFORE YOU FILE!
View the required training information so that you may turn in the Certificate (or
“Declaration) of Completion of Training at the same time you file your Application
and other papers for appointment as personal representative of the estate of the person
who died (“the decedent”). See theNotice Regarding Training Requirementsin
this packet for more detailed information, but note that you may access and complete
the training FREE online at:
http://www.azcourts.gov/probate/Training.aspx
STEP 2 BRING PAPERS TO COURT, PAY FILING FEE, and FILE:
Bring the documents listed below to the Filing Counter at the court location you choose
for filing, and pay the filing fee. Cash, AMEX/VISA/MasterCard debit or credit cards,
or money order made payable to the “Clerk of Superior Court” are acceptable forms
of payment.
A list of current fees is available from the Law Library Resource Center website or from
the Clerk of Court’s website.
If you cannot afford the filing fee and/or the fee for having the papers served by the
Sheriff or by publication, you may request a deferral (payment plan) when you file
your papers with the Clerk of the Court. Deferral Applications are available at no
charge from the Law Library Resource Center.
The Clerk will accept the originals to be reviewed by the Probate Registrar or
Deputy Registrar within 3 business days after the date of submission.
Make and present extra copies of all originals for the Probate Registrar to date-stamp
and return to you as proof of filing.
REQUIRED DOCUMENTS:
PROBATE INFORMATION COVERSHEET
INFORMAL CHECKLIST
APPLICATION FOR APPOINTMENT (Signed and notarized original plus at least one copy)
Original WILL, if decedent had a Will
NOTICE OF APPLICATION (original plus at least one copy)
© Superior Court of Arizona in Maricopa County PBIP16p-071417
ALL RIGHTS RESERVED
Page 1 of 2
PROOF OF MAILING OF NOTICE OF APPLICATION (original plus at least one copy)
DECLARATION SUPPORTING PUBLICATION (includes AFFIDAVIT OF
PUBLICATION (if you published) (original plus at least one copy)+
STATEMENT OF INFORMAL APPOINTMENT (original plus at least one copy)
LETTERS and ACCEPTANCE OF APPOINTMENT (Signed and notarized original plus
at least one copy)
ORDER TO PERSONAL REPRESENTATIVE (Signed original plus at least one copy)
CERTIFICATE (or “Declaration”) OF COMPLETION OF TRAINING (original plus copy)
OPTIONAL DOCUMENTS:
Signed and notarized original WAIVER OF RIGHT TO APPOINTMENT and
CONSENT (if anyone signed) (plus at least one copy)
Signed and notarized original WAIVER OF BOND (if anyone signed) (plus at
least one copy)
STEP 3 Before you make any copies, complete the STATEMENT OF INFORMAL
APPOINTMENT except for the part about the bond and the signature of the
Probate Registrar. Use Black Ink Only. Also, complete the caption of the
LETTERS and the caption of the ORDER TO PERSONAL REPRESENTATIVE,
which includes the information about you and the decedent (the person who died).
STEP 4 If all is in order, the Probate Registrar will:
Sign the STATEMENT,
Submit the WILL (if there is one),
Issue the LETTERS OF APPOINTMENT, AND
Sign the ORDER TO PERSONAL REPRESENTATIVE.
STEP 5 Once reviewed by the Probate Registrar you will be contacted based upon
information provided to us on the contact information sheet and notified that the
documents are ready for pickup. If documents are deficient, you will be notified and
you may resubmit upon correction of deficiencies.
Documents must be picked up within 24 hours (1 business day) of notification.
STEP 6
If you are required to post a bond, the Clerk will not issue the LETTERS until you
have filed proof of the bond. After you file proof of the bond the LETTERS will
be issued by the Clerk.
STEP 7 You will need to get a certified copy of the LETTERS, to prove you were appointed.
There is a certification fee plus a fee per page to make copies. Also ask
the Probate Registrar to date-stamp (“conform”) a copy of the STATEMENT OF
INFORMAL APPOINTMENT for you.
© Superior Court of Arizona in Maricopa County PBIP16p-071417
ALL RIGHTS RESERVED
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Law Library Resource Center
INFORMATION ON LEGAL NOTICE FOR PROBATE OF
ESTATES AND WHAT TO DO AFTER YOU HAVE NOTIFIED
ALL INTERESTED PERSONS
1. WHAT IS LEGAL NOTICE: After you have completed AND filed the probate papers with the
Court, you must tell all “interested persons” about the papers. See #3 below for definition of
“interested persons”.
A. WHAT COURT DOCUMENTS DO I NEED TO GIVE NOTICE ABOUT
IMMEDIATELY AFTER I HAVE FILED THE APPLICATION? To give Notice,
you have to give copies of Court documents to those entitled to notice. The documents
you need to give those entitled to notice at this time are:
APPLICATION FOR INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE
(when a person died with a Will or without a Will).
NOTICE OF APPLICATION (in Informal Proceeding).
It is recommended that you give people entitled to notice copies of all documents you
filed with the court so that you know you gave people copies of the correct documents.
You then must list in the PROOF OF NOTICE (see section C, below) the people you gave
the documents to, their address and the date the documents were mailed or delivered.
B. WHAT ARE THE WAYS TO GIVE LEGAL NOTICE?
“Personal Service” means giving formal notice that is required in some cases for
some persons. It requires that a registered process server or the sheriff serve the
documents on interested persons or that a person accept service of the papers. When
personal service is required, it means the law is written to make sure that a person
who needs notice of a case gets the notice.
Mail or hand delivery is a less formal but important way of giving notice to other
persons in some cases. When you are required to give notice by mail, 1st class
postage-prepaid mail is usually acceptable. Certified mail with return receipt is an extra
step you can take to prove that the person you want to have notice received the notice.
Note: Service by mail or hand-delivery is only allowed in SOME cases, so make sure
you read the instructions to see if you can use this method of service.
Publication of Notice is used when you do not know the address of the person to
whom you need to give notice. For publication, you need to try to find the person who
is supposed to get notice, and prove to the Court you did everything you could to try
to find the person or the person’s address. Then, you must publish the Notice at least 3
times in a newspaper in the county where the case was filed.
Note: Remember that Notice to Creditors (if applicable) must be published 3
consecutive weeks. (A.R.S. § 14-3801)
C. HOW DO I SHOW THAT I GAVE LEGAL NOTICE?
PROOF OF NOTICE is the document you sign and file with the Court to prove you gave
notice to all interested persons, and how you did it. You must fill out this form after you
have served the documents on all interested persons (See Step 3).There are other
documents that go with the PROOF OF NOTICE to show that service was made. These
documents may include the following:
© Superior Court of Arizona in Maricopa County PBIP20p 102610
ALL RIGHTS RESERVED Use only most current version
Page 1 of 2
1) AFFIDA
VIT OF PUBLICATION,
2) AFFIDAVIT OF SERVICE signed by the process server or sheriff, OR
3) ACCEPTANCE OF SERVICE.
2. TIME FRAMES TO GIVE LEGAL NOTICE: Generally, you must give all interested
persons notice of the court papers immediately after you file the documents with the court. If you
do not know where the person lives and have tried to find them, you can give Notice by Publication.
Note: The newspaper will provide the AFFIDAVIT OF PUBLICATION to you after all 3 notices to
interested persons and/or to creditors have been published.
3. WHO IS ENTITLED TO LEGAL NOTICE: You must give notice to all interested persons”.
This includes, but is not limited to:
Any person that has filed a Demand for Notice with the court,
Any Personal Representative of the decedent whose appointment has not ended,
Any spouse,
Any adult child(ren),
Any parents, brothers and/or sisters of the decedent, AND
Any person named as an heir in the Will of the decedent.
4.
COMPLETE THE PROOF OF NOTICE: After Notice is done, you must complete the
PROOF OF NOTICE form. Be sure to list the names of the persons to whom you gave the copies,
address, and the date you mailed or delivered the documents. If the person has an attorney,
make sure you mail copies to the attorney, too. Then, make 3 copies of the PROOF OF NOTICE.
5.
FILE THE PROOF OF NOTICE AND OTHER COURT PAPERS: File the PROOF OF
NOTICE and other court papers with the Clerk of the Court, Probate Registrar. These documents
should be filed with the court immediately after you have notified all interested persons.
See Procedures: How to Apply to be Personal Representative to find out what documents you
should complete and file with the Probate Registrar. After you file the PROOF OF NOTICE and
other court papers, mail or deliver a copy to all interested persons immediately.
Take the original and 2 copies of the PROOF OF NOTICE and other court papers to the
Probate Registrar who will file the original and stamp "copy" on each of the 2 copies and return
them to you.
Keep a copy of each document for your records.
6. NEXT STEPS: See Packet number 2 concerning “The Appointment, Notice of Appointment,
Inventory and Appraisement.
7. OTHER HELP: If you still have questions about this procedure, you can ask a lawyer for legal
advice. You can look up a lawyer in the telephone book under “attorneys.” Also, the Self-Service
Center has a list of lawyers who will help you help yourself. The list shows where the lawyers
are located, how much they charge to look over the court papers or answer your questions, and
what their experience is. All forms referred to in these instructions are available at the Self-
Service Center.
© Superior Court of Arizona in Maricopa County PBIP20p 102610
ALL RIGHTS RESERVED Use only most current version
Page 2 of 2
© Superior Court of Arizona in Maricopa County PB25p-082719
ALL RIGHTS RESERVED
Page 1 of 2
Law Library Resource Center
Procedures: How to serve legal papers by publication
In matters of guardianship, conservatorship, probate of estate,
and the sale of real property
(Arrange for service AFTER you have filed your papers in court.)
STEP 1 Complete attached letter to newspaper describing the documents that need to be referenced by
the newspaper, and submit copies of those documents along with the letter to the paper.
A. If you have a court order waiving/deferring costs of publication, you must publish in The
Record Reporter.
MAIL OR DELIVER the letter that is attached to this form, a copy of the documents you filed with
the Clerk, and the CERTIFIED ORDER WAIVING/ DEFERRING COSTS of PUBLICATION to:
Arizona Business Gazette: Call 602-444-7915 or e-mail legal.advertising@pni.com
OR
The Record Reporter, 2025 N. Third Street, #155, Phoenix AZ 85004.
OR
B. If you are paying the cost of publication, you may use any newspaper of general circulationin this
county. Note that:
1. There are numerous eligible publications other than the one mentioned above;
2. The Arizona Corporation Commission maintains a list of eligible publications along with their
contact information online at:
http://www.azcc.gov/Divisions/Corporations/Newspaper-list-for-publishing.pdf.
3. Fees vary. You may call and ask for “Legal Advertising” to compare prices.
STEP 2 WHEN TO FILE:
Wait (about 5 weeks) for the newspaper to send you an AFFIDAVIT OF PUBLICATION, which
will include the notice that was published, and the dates of publication. Some newspapers will
file this document with the Court for you. If the newspaper sends you TWO copies or an original,
it is intended for you to file one. Always verify with the Probate Clerk that the AFFIDAVIT OF
PUBLICATION gets filed.
STEP 3 GATHER THE PAPERWORK: (Caution: Be aware of confusingly similar document names.)
Complete the DECLARATION SUPPORTING PUBLICATION (PB25f), found in the Forms
packet, to describe the efforts you made to locate and serve notice before resorting to
publication.
If the newspaper has not already filed the AFFIDAVIT OF PUBLICATION, make sure it gets
filed by submitting it with the DECLARATION SUPPORTING PUBLICATION.
Copy of both of the above (Affidavit and Declaration) documents for your records.
STEP 4 FILE YOUR DOCUMENTS WITH THE COURT:
The original DECLARATION SUPPORTING PUBLICATION, and
The original of AFFIDAVIT OF PUBLICATION (unless the newspaper filed it for you).
(And bring a copy of the AFFIDAVIT OF PUBLICATION to the hearing.)
© Superior Court of Arizona in Maricopa County PB25p-082719
ALL RIGHTS RESERVED
Page 2 of 2
LETTER TO NEWSPAPER
Print Your Name:
Your Address:
Date:
Name of Newspaper
Address
To Whom It May Concern:
I need to publish notice in the newspaper about the following matter: Probate Court Case No. , which concerns the
following: (check one box)
Guardianship and/or Conservatorship matter about (name of person with guardian and/or conservator)
OR
Estate of , deceased, OR
Print Name
Sale of Real Property . Please Note: The first publication
Print street address of subject property
of this NOTICE must be published at least fourteen (14) days before the scheduled hearing, or by ____________.
Print Date
Enclosed is a copy of the following documents stamped by the Clerk of Court (check all that apply):
Notice of Hearing” for matter about guardian and/or conservator, OR Petition, OR
Notice to Creditors for probate of an estate, OR
(If no Will) An Application for Appointment of Personal Representative without a Will, OR
(If a Will) An Application for Informal Probate of a Will and for Appointment of a Personal
Representative.
Please publish Notice in your newspaper about this court case once a week for three successive weeks. Also
enclosed is (check one box)
A check or money order in the amount of $ for the cost of the publication as requested, OR,
A certified copy of the Order from the court waiving/deferring the publication costs.
When you receive this letter, please call me at to tell me when the first publication will occur. When all three
weeks of publication have been completed, please file the original and send me one copy of the Affidavit of
Publication.
Sincerely,
Your Signature
Enclosures
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY
PROBATE INFORMATION COVER SHEET
Case Number: PB
A person needing a guardian or conservator is the “ward”. A person who died is the “decedent”.
INFORMATION ABOUT THE WARD or THE DECEDENT
NAME:
DATE OF BIRTH:
MAILING ADDRESS :
STREET ADDRESS (if different):
TELEPHONE (Home):
SSN:
TELEPHONE (Cellular):
EMAIL:
ADDITIONAL WARDS ARE INVOLVED. Information listed separately.
INFORMATION ABOUT THE PETITIONER, the person filing these papers.
NAME:
MAILING ADDRESS:
TELEPHONE:
EMAIL:
INFORMATION ABOUT PETITIONER’S ATTORNEY: Petitioner is not represented by an attorney, or
NAME:
BAR #
TELEPHONE:
EMAIL:
An INTERPRETER IS NEEDED for this language:
(List Names of) Persons who need interpreter:
Name:
Name:
Name:
STAFF USE ONLY: REASON FEES NOT PAID: Government Charge Deferred Waived
NATURE OF ACTION: Place an "X" next to number which describes the nature of the case. Check only ONE.
200 ESTATE
____ 201 Formal Appointment of Personal
Representative
____ 202 Informal Appointment of Personal
Representative
____ 203 Ancillary Administration
____ 204 Affidavit of Succession to Realty
____ 205 Trust Administration
____ 206 Formal Probate of Will
____ 207 Informal Probate of Will
____ 208 Proof of Authority
____ 210 Other
Specify
____ 211 Single Transaction/Limited Conservatorship
____ 212 Foreign Domicilliary
220 CONSERVATOR
____ 221 Minor
____ 222 Adult Incapacitated Person
230 GUARDIANSHIP
____ 231 Minor
____ 232 Adult
(including those with Dementia, Alzheimer’s)
____ 233
Adult Requiring In-Hospital Mental Health
Treatment
240 GUARDIANSHIP-CONSERVATOR COMBINATION
____ 241 Minor
____ 242 Adult
(including those with Dementia, Alzheimer’s)
____ 243 Adult Requiring In-Hospital Mental Health
Treatment
FOR CLERK’S USE ONLY
© Superior Court of Arizona in Maricopa County PB10f- 030115
ALL RIGHTS RESERVED
Page 1 of 2
Case No.
By signing below, I state to the Court under penalty of perjury that the contents of this document
are true and correct to the best of my knowledge and belief.
Petitioner or Attorney Signature
NOTICE
SUBMIT THIS FORM WITH NEW CASES ONLY.
If there is already a (Maricopa County) Probate Court case number and you are filing in an existing
Superior Court case in Maricopa County,
DO NOT SUBMIT THIS FORM.
INFORMATION ABOUT THE FIDUCIARY,
the person to serve as guardian, conservator, or
personal representative (executor) of the Estate of someone who died.
NAME:
DATE OF BIRTH:
MAILING ADDRESS:
STREET ADDRESS: (if different)
TELEPHONE (Home):
SSN:
TELEPHONE (Cellular):
EMAIL:
TELEPHONE (Work):
CERTIFICATION #
(for State-Licensed Fiduciaries ONLY)
RELATIONSHIP TO THE WARD OR (if an estate matter) THE DECEDENT:
PHYSICAL DESCRIPTION:
RACE:
HEIGHT
WEIGHT:
EYE COLOR:
HAIR COLOR:
© Superior Court of Arizona in Maricopa County PB10f- 030115
ALL RIGHTS RESERVED
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© Superior Court of Arizona in Maricopa County PBIP19f 082719
ALL RIGHTS RESERVED
Page 1 of 2
SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY
INFORMAL CHECKLIST
Please complete the checklist below and include with the application.
Applications missing any components listed will be rejected.
Probate Cover Sheet
Is the Probate Information Cover Sheet completely filled out and is the correct Nature of Action checked?
Original Will
Is the ORIGINAL WILL signed, with two (2) witnesses? Yes No
If you do not have the signed original will, you cannot go through the Informal process. The signed
original will is needed on testate estates ONLY.
Was the ORIGINAL WILL signed on or after October 1, 2019? Yes No
If the will was signed on or after October 1, 2019, and is not made self-proved as described in A.R.S.
§ 14-2504, are both of the witnesses disinterested (i.e., not a devisee and not related to a devisee by
blood, marriage, or adoption)?
If the answer to this question is not “yes,” the will is not valid. (See A.R.S. § 14-2505.)
Application
Is the Application for Informal Probate completely filled out with all questions answered?
Is it signed and notarized?
Is the Date of death completed (#3 on the Application)?
Is the date of the will on the Application (#4 and #9,) the same as the date(s) on the Will?
Are the surviving spouse, surviving children, heirs, and anyone entitled to take property listed (#5 on
the Application)?
Is the “tardy” language / restrictions included on Application (if applicable) (#13)?
Only needed if it has been more than two (2) years since the date of death.
Statement
Is the Statement completely filled out?
Is the date on the Statement (“THE PROBATE REGISTRAR FINDS: #1, and “THEREFORE”, #2) the same
as the date(s) on the Will?
Is the “tardy” language / restrictions included on Statement (if applicable) (should be manually entered
after “THEREFORE”, #4)?
Letters
Is the “tardy” language /restrictions included on the Letters of Appointment (if applicable)?
Is the Letters and Acceptance of Appointment as Personal Representative signed and notarized by the
proposed Personal Representative?
© Superior Court of Arizona in Maricopa County PBIP19f 082719
ALL RIGHTS RESERVED
Page 2 of 2
Other
Is the Waiver of Bond included, signed, and notarized (if applicable)?
Are the Waiver of Right to Appointment as Personal Representative and Consent to Appointment of Personal
Representative included, signed, and notarized (if applicable)?
Is the Order to Personal Representative and Acknowledgement and Information to Heirs/Devisees signed by
the proposed Personal Representative?
Is the Training Certificate for the proposed Personal Representative included?
To complete the training, go to the following website:
(English)
http://www.azcourts.gov/educationservices/COJET-Classroom/Probate-Personal-Representative
(Spanish)
https://azcourthelp.org/finder/probate/conservatorship/28-conservatorship-form-training-english/file
Person Filing:
Address (if not protected):
City, State, Zip Code:
Telephone:
Email Address:
Lawyer’s Bar Number:
Licensed Fiduciary Number: ____________________________________
Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY
In the Matter of the Estate of:
Case Number PB:
DECLARATION OF COMPLETION
OF TRAINING for
A Deceased or Protected Person
NON-LICENSED FIDUCIARIES
Rule 27.1 of the Arizona Rules of Probate Procedure requires that a person to be appointed guardian,
conservator, or personal representative of an estate, who is neither a state-licensed fiduciary nor a
corporation, complete a training program approved by the Supreme Court of this state before permanent
Letters of Appointment are issued, or within 30 days of a temporary or emergency appointment.
UNDER PENALTY OF PERJURY
I state to the Court that in accord with Rule 27.1 of the Arizona Rules of Probate Procedure,
I have completed the required training for non-licensed, non-corporate fiduciaries, as
indicated below: (Check all that apply and provide applicable information.)
Unlicensed Fiduciary
Date completed:
Conservatorship
Date completed:
Personal Representative
Date completed:
Guardianship
Date completed:
Date:
Signature
Printed Name
FOR CLERK’S USE ONLY
INSTRUCTIONS: Fill out this Declaration completely and provide accurate information. Make at least
one copy. You will need to file the original with the Clerk of Court and provide a copy to the Probate
Registrar before receiving any permanent letters of appointment.
©Superior Court of Arizona in Maricopa County Page 1 of 1 PBDT10f-072017
ALL RIGHTS RESERVED
Person Filing:
Address (if not protected):
City, State, Zip Code:
Telephone:
Email Address:
Lawyer’s Bar Number:
Licensed Fiduciary Number: ______________________________________
Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY
In the Matter of the Estate of:
Case Number: PB
WAIVER OF RIGHT TO APPOINTMENT
AS PERSONAL REPRESENTATIVE AND
an Adult a Minor, deceased CONSENT TO APPOINTMENT OF
PERSONAL REPRESENTATIVE
THE UNDERSIGNED PERSON STATES AS FOLLOWS:
1. I am: (check one box)
(Check only if there is NO Will) an heir of the decedent's estate without a Will or
(Check only if there IS a Will) a person named in the decedent's Will.
2. I have priority for appointment as Personal Representative of this estate under A.R.S. 14-3203 because:
(check which box applies)
(Check only if there IS a Will) I am named as Personal Representative in the Will of the person
who died;
(Check only if there IS a Will) I am the surviving spouse of the person who died and I am named
in the Will;
(Check only if there IS a Will) I am another person named in the Will of the person who died;
I am the surviving spouse of the person who died;
FOR CLERK’S USE ONLY
© Superior Court of Arizona in Maricopa County PBIP11f 050115
Page 1 of 2 Use most current version
ALL RIGHTS RESERVED
Case No.____________________
I am another person entitled to inherit the property of the person who died because (explain)
_______________________________________________________________________________
3. I wai
ve and want to give up any right I have to appointment as the Personal Representative of this estate.
4. I consent to the appointment of (name) as
Personal Representative of the estate.
Signature
STATE OF
COUNTY OF
Subscribed and sworn to or affirmed before me this: by
(date)
.
(notary seal) Deputy Clerk or Notary Public
© Superior Court of Arizona in Maricopa County PBIP11f 050115
Use most current version
ALL RIGHTS RESERVED
Page 2 of 2
Person Filing:
Address (if not protected):
City, State, Zip Code:
Telephone:
Email Address:
Lawyer’s Bar Number:
Licensed Fiduciary Number: _____________________________________
Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent
SUPERIOR COURT OF ARIZONA
IN
MARICOPA COUNTY
In the Matter of the Estate of: Case No:
WAIVER OF BOND
an Adult a Minor, deceased
THE UNDERSIGNED PERSON STATES AS FOLLOWS:
1. I am: (check one box)
(only if there is no Will) an heir of the decedent's estate without a Will or
(only if there is a Will) person named in the decedent's Will.
2. The person who is applying to be the Personal Representative of the estate
(name)
has estimated that the total value of the estate of the person who died is $ .
3. I waive any and all bond in connection with his or her appointment as Personal Representative. I ask that
the court not require any bond in this proceeding.
Signature
STATE OF
COUNTY OF
Subscribed and sworn to or affirmed before me this: by
(date)
.
(notary seal) Deputy Clerk or Notary Public
FOR CLERK’S USE ONLY
© Superior Court of Arizona in Maricopa County PBIP12f 050115
Page 1 of 1 Use only most current version ALL RIGHTS RESERVED
Person Filing:
Address (if not protected):
City, State, Zip Code:
Telephone:
Email Address:
Lawyer’s Bar Number:
Licensed Fiduciary Number: ____________________________________
Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY
In the Matter of the Estate of: Case No: PB
APPLICATION FOR INFORMAL
APPOINTMENT OF PERSONAL
REPRESENTATIVE
an Adult or a Minor, deceased (Person Died Without a Will - "Intestate Estate")
OR
APPLICATION FOR INFORMAL PROBATE OF
WILL and FOR INFORMAL APPOINTMENT
OF PERSONAL REPRESENTATIVE
(Person Died With a Will - "Testate Estate")
1. This is an application for: (check one box)
Informal Appointment of Personal Representative because the person died without a Will
("Intestate Estate")
OR
Informal Probate of Will and for Informal Appointment of Personal Representative
because the person died with a Will (“Testate Estate").
2. I live in (County) (State), and I am entitled to file this
Application under A.R.S. 14-3301 because I am: (check the box that applies)
The surviving spouse of the person who died;
An adult child of the person who died;
A parent of the person who died;
A brother or sister of the person who died;
(Check the box only if there is not a Will) A person entitled to property of the person who died under
Arizona law;
FOR CLERK’S USE ONLY
© Superior Court of Arizona in Maricopa County PBIP13f 050115
ALL RIGHTS RESERVED Use only most current version
Page 1 of 4
Case No.
(Check the box only if there is a Will) A person who was nominated/named as Personal
Representative by a Will;
At least 45 days have passed since the person died, and I am a creditor.
3. The name of the person who died is: .
This person died on , (date of death) at the age of _____ years.
At the time of death, the person who died lived in the following county and state: .
. and 120 hours or more have passed since the time of death.
4. There is a Will and the original of the Will of the person who died, dated , is
filed with this Application.
5. The person who died left behind the following persons who are the surviving spouse, children and
others entitled to take property under Arizona law: (if you need more space, attach a separate page):
Name Age Relationship Address
6. This is the correct county in which to file the probate because the person who died was a resident of
this county or owned property in this county at the time of death.
7. To the best of my knowledge, (check one box)
no personal representative for the estate has been appointed in this state or elsewhere
OR
a personal representative for the estate has been appointed in this state or elsewhere:
(name of the person)
(name of state)
8. I have OR I have not received a demand for notice from any interested person, and
I am OR I am not aware of any demand for notice by any interested person or any proceedings
concerning the person who died, in this state or elsewhere.
© Superior Court of Arizona in Maricopa County PBIP13f 050115
ALL RIGHTS RESERVED Use only most current version
Page 2 of 4
Case No.
9. I believe that the person who died had no Will. (Check the box only if there is not a Will.)
I exercised reasonable diligence, and I am not aware of any unrevoked Will, amendment to a Will, or a
trust signed by the person who died that relates to property in this state.
OR
I believe that the Will dated was validly executed and is the last Will of the
person who died. I exercised reasonable diligence, and I am not aware of any document that revokes
the Will, or any amendment to the Will signed by the person who died.
10. I have priority for appointment as Personal Representative because there is a will and:
(Check boxes that apply if there is a will)
I am named as personal representative in the Will of the person who died;
I am the surviving spouse of the person who died and am named in the Will;
I am another person named in the Will of the person who died;
I am the surviving spouse of the person who died;
I am another person entitled to inherit the property of the person who died because (explain):
11. The names, relationships and addresses of all parties who have a prior or equal right to appointment
under A.R.S. 14-3203 are (if you need more space, attach a separate page):
Name Relationship Address
12. BOND INFORMATION: (Check one box)
A bond is not required of the Personal Representative under A.R.S. 14-3603 because all the legal
heirs have filed written waivers of bond. I request to be appointed Personal Representative to
administer the estate without bond,
OR
A bond is not required because the Will waives the bond for the Personal Representative.
I request to be appointed Personal Representative to administer the estate without bond,
OR
A bond is required of the Personal Representative under A.R.S. 14-3603 because all the legal
heirs have not filed written waivers of bond and my best estimate of the fair market value of all the
property owned by the person who died and subject to the probate jurisdiction of the Court is as
follows:
© Superior Court of Arizona in Maricopa County PBIP13f 050115
ALL RIGHTS RESERVED Use only most current version
Page 3 of 4
Case No.
Personal Property $
Real Property (less encumbrances) $
Expected annual income of Estate $
TOTAL $
I request to be appointed Personal Representative to administer the estate with a bond as might
be required.
13. The time for informal appointment has not expired under A.R.S. 14-3108 because:
(check which box is true)
Two years have not passed since the death of the person; OR
Other (Explain) (See a lawyer to help with this, if more than 2 years have passed):
OATH or AFFIRMATION AND VERIFICATION OF APPLICANT
The Applicant states under oath or affirms that the statements in the Application are accurate and complete to the
best of his or her knowledge and belief.
Signature of Applicant
STATE OF
COUNTY OF
Subscribed and sworn to or affirmed before me this: by
(date)
.
(notary seal) Deputy Clerk or Notary Public
© Superior Court of Arizona in Maricopa County PBIP13f 050115
ALL RIGHTS RESERVED Use only most current version
Page 4 of 4
© Superior Court of Arizona in Maricopa County Page 1 of 1 PBIP14f 041519
ALL RIGHTS RESERVED
Person Filing:
Address (if not protected):
City, State, Zip Code:
Telephone:
Email Address:
Lawyer’s Bar Number:
Licensed Fiduciary Number: ____________________________________
Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY
In the Matter of the Estate of Case No.: PB
NOTICE OF APPLICATION
IN INFORMAL PROCEEDING
An Adult OR a Minor, deceased
NOTICE IS GIVEN that (Name of Personal Representative) has filed
an informal proceeding relating to this Estate as follows (check one box):
An Application for Appointment of Personal Representative Without a Will. (Check the box only if
there is no will.) OR
An Application for Informal Probate of a Will and for Appointment of Personal Representative.
(Check the box only if there is a will).
The Probate Registrar will consider the Application on (date and time
Personal Representative will go to court to file the Application) at the office of the Probate Registrar, Superior Court
of Arizona in Maricopa County, at (check one box)
Downtown Phoenix: Northeast Phoenix:
Central Court Building, 1
st
Floor Northeast Regional Court Facility
201 West Jefferson 18380 North 40
th
Street
Phoenix, AZ 85003 Phoenix, AZ 85032
Surprise: Mesa:
Northwest Regional Court Facility Southeast Court Facility, 1
st
Floor
14264 West Tierra Buena Lane 222 East Javelina Avenue
Surprise, AZ 85374 Mesa, AZ 85210
DATED:
Signature
Print Name
FOR CLERK’S USE ONLY
Person Filing:
Address (if not protected)
:
City, State,
Zip Code:
Telephone:
Email A
ddress:
Lawyer’s Bar
Number:
Licensed Fiduciary Number:
Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY
In the Matter of the Estate of Case Number:
PROOF OF DELIVERY OR MAILING NOTICE
OF APPLICATION IN INFORMAL PROCEEDING
____________________________________
an Adult OR a Minor, deceased
1. I delivered or mailed by first class mail, postage prepaid a copy of the Notice of Application in Informal
Proceeding on (date) according to the requirements of law as follows:
A. To any person who filed a written demand for notice with the court as required by A.R.S. 14-3306.
B. To any person who has a prior or equal right to appointment, unless he or she waived notice in
writing and it is filed with this court.
2. I delivered or mailed the Notice of Application in Informal Proceedings to the following people on the
following dates:
NAME
ADDRESS DATE MAILED
OR DELIVERED
Signature Print Name
FOR CLERK’S USE ONLY
© Superior Court of Arizona in Maricopa County
ALL RIGHTS RESERVED
PBIP15f 080318
Use only most current version
Page 1 of 1
Person Filing:
Address (if not protected):
City, State, Zip Code:
Telephone:
Email Address:
Lawyer’s Bar Number:
Licensed Fiduciary Number: ____________________________________
Representing
Self, without a Lawyer or
Attorney for
Petitioner OR
Respondent
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY
In the Matter of:
Case Number: PB
DECLARATION SUPPORTING PUBLICATION
An Adult A Minor , Deceased
UNDER P
ENALTY OF PERJURY, I STATE THESE FACTS:
1. I am the Petitioner or Applicant and make these statements to show the circumstances why notice by
Publication was used, and to show how service by publication was done.
2. Here are the names of people entitled to notice of this matter to whom I gave notice by publication:
Name:
Last Known Address:
Last Date I Tried to Find Person:
Relationship to Protected or Deceased person:
Name:
Last Known Address:
Last Date I Tried to Find Person:
Relationship to Protected or Deceased person:
Name:
Last Known Address:
Last Date I Tried to Find Person:
Relationship to Protected or Deceased person:
Name:
Last Known Address:
Last Date I Tried to Find Person:
Relationship to Protected or Deceased person:
FOR CLERK’S USE ONLY
© Superior Court of Arizona in Maricopa County PB25f-092612
ALL RIGHTS RESERVED
Page 1 of 2
Case No.
3. I made a diligent search to find out the residence and whereabouts of all persons entitled to notice but
failed to find any information concerning the residence or whereabouts of one or more of those
persons.
4. I contacted the persons listed below to find out the location of the persons entitled to notice. (Note:
There is no exact minimum number of persons you must contact. It may be more or less than five as
required to satisfy the Court you have made every reasonable effort to locate every person entitled to
notice.). Attach additional pages as necessary to show all the persons you contacted.
Name of Person Entitled to Notice:
Name of Person I Contacted:
Address of Person I Contacted:
Name of Person Entitled to Notice:
Name of Person I Contacted:
Address of Person I Contacted:
Name of Person Entitled to Notice:
Name of Person I Contacted:
Address of Person I Contacted:
Name of Person Entitled to Notice:
Name of Person I Contacted:
Address of Person I Contacted:
Name of Person I am Looking for:
Name of Person I Contacted:
Address of Person I Contacted:
5. ABOUT THE PUBLICATION.
NOTICE OF HEARING was published in a newspaper in this County on the following dates.
A. , B. , C. .
PROOF OF PUBLICATION IS ATTACHED. (REQUIRED)
(Attach an “Affidavit of Publication” supplied by the newspaper that published the notice.)
By signing this document, I state to the Court, under penalty of perjury that the information
presented is true and correct to the best of my knowledge and belief.
Date Signed Petitioner’s Signature
© Superior Court of Arizona in Maricopa County PB25f-092612
ALL RIGHTS RESERVED
Page 2 of 2
Person Filing:
Address (if not protected):
City, State, Zip Code:
Telephone:
Email Address:
Lawyer’s Bar Number:
Licensed Fiduciary Number: ____________________________________
Representing
Self, without a Lawyer or
Attorney for
Petitioner OR
Respondent
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY
In the Matter of the Estate of: Case No: PB
STATEMENT OF INFORMAL APPOINTMENT
OF PERSONAL REPRESENTATIVE
an Adult or a Minor, deceased (Person Died Without a Will - "Intestate Estate")
OR
STATEMENT OF INFORMAL PROBATE
OF A WILL AND INFORMAL APPOINTMENT
OF A PERSONAL REPRESENTATIVE
(Person died With a Will “Testate Estate”)
THE PROBATE REGISTRAR FINDS:
1. An Application for Informal Appointment of a Personal Representative has been submitted by
, requesting the following:
(Check the box only if there is no Will) The appointment of as
the Personal Representative to administer the estate of the person who died without a Will,
(Check the box only if there is a Will) The admission to probate of the Will of the person who died
dated ,
(Check the box only if there is a Will) The appointment of
as the Personal Representative to administer the estate of the person who died with a Will.
2. The Probate Registrar has found compliance with A.R.S. 14-3303 and is satisfied that the Will is
entitled to probate.
The Probate Registrar has found compliance with A.R.S. 14-3308 and is satisfied that the person
named below is entitled to appointment as Personal Representative under Arizona law.
THEREFORE:
1. (Name) , is appointed as Personal Representative of the
estate of the person who died.
2. (Check the box only if there is a Will) The Will of the person who died, dated
is admitted to informal probate.
3. No bond is required OR the Personal Representative shall post a bond in the amount of
$ with this Court. Letters will be issued to the Personal Representative upon
accepting and posting a bond (if required).
4. The Personal Representative shall immediately notify the Court in these proceedings of any change in his or
her address and shall be responsible for the costs resulting from his or her failure to do so.
DATED:
Probate Registrar
FOR CLERK’S USE ONLY
© Superior Court of Arizona in Maricopa County PBIP16f 102610
ALL RIGHTS RESERVED Use only most current version
Page 1 of 1
Person Filing:
Address (if not protected):
City, State, Zip Code:
Telephone:
Email Address:
Lawyer’s Bar Number:
Licensed Fiduciary Number: ______________________________________
Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY
In the Matter of the Estate of: Case No.: PB
LETTERS OF APPOINTMENT OF
an Adult OR a Minor, deceased PERSONAL REPRESENTATIVE AND
ACCEPTANCE OF APPOINTMENT AS
PERSONAL REPRESENTATIVE
LETTERS OF PERSONAL REPRESENTATIVE
(name) is appointed as Personal Representative of this Estate without
restriction except as follows:
WITNESS: (date)
CLERK OF SUPERIOR COURT
By
Deputy Clerk
ACCEPTANCE OF APPOINTMENT
I accept the duties of Personal Representative of the Estate of the above-named person who has died and do
solemnly swear or affirm that I will perform the duties as Personal Representative according to law.
DATED:
Signature of Personal Representative
STATE OF
COUNTY OF
Subscribed and sworn to or affirmed before me this: by
(date)
.
(notary seal) Deputy Clerk or Notary Public
FOR CLERK’S USE ONLY
© Superior Court of Arizona in Maricopa County
PBIP17f - 011019
ALL RIGHTS RESERVED
Page 1 of 1
Person Filing:
Address (if not protected):
City, State, Zip Code:
Telephone:
Email Address:
Lawyer’s Bar Number:
Licensed Fiduciary Number: ____________________________________
Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY
In the Matter of the Estate of:
Case Number: PB
ORDER TO PERSONAL
REPRESENTATIVE AND
ACKNOWLEDGMENT AND
INFORMATION TO HEIRS/DEVISEES
an Adult OR a Minor, deceased
The best interest of this estate is of great concern to this Court. As Personal Representative, you are
subject to the power of the Court. Therefore, to help avoid problems and to assist you in your duties, this
Order is entered. You are required to be guided by this Order and to obey it.
This Court will not review or supervise your actions as Personal Representative unless an interested
party files a written request to the Court. In Arizona, if you are a beneficiary of an estate, you are expected to
protect your own interests in the estate. The Personal Representative is required to provide sufficient
information to the beneficiary to permit the beneficiary to protect his or her interests. The Court may hold a
Personal Representative personally liable and responsible for any damage or loss to the estate resulting from
a violation of the Personal Representative’s duties. The following is an outline of some of your duties as
Personal Representative:
DUTIES OF THE PERSONAL REPRESENTATIVE: The duties of the Personal
Representative are found in Chapter 3, Title 14 of the Arizona Revised Statutes (from now on called “A.R.S.”).
You are responsible for knowing and doing your duties according to these statutes. Some of the duties are as
follows:
1. GATHER, CONTROL AND MANAGE ESTATE ASSETS. As Personal
Representative you have the duty to gather and control all assets that belonged to the decedent (the
person who has died) at the time of his or her death. After the valid debts and expenses are paid,
you have the duty to distribute any remaining assets according to the decedent’s Will or, if there is no
Will, to the intestate heirs of the decedent. As Personal Representative, you have the authority to
manage the estate assets, but you must manage the estate assets for the benefit of those interested
in the estate.
FOR CLERK’S USE ONLY
© Superior Court of Arizona in Maricopa County Page 1 of 5 PBIP18f 080318
ALL RIGHTS RESERVED
Case No.
2. FIDUCIARY DUTIES. As Personal Representative you are a fiduciary. This means you have
a legal duty of fairness and impartiality to the beneficiaries and the creditors of the estate. You must
be cautious and prudent in dealing with estate assets. As Personal Representative, the estate assets
do not belong to you and must never be used for your benefit or mixed with your assets or anyone
else’s assets. Arizona law prohibits a Personal Representative from participating in transactions that
are a conflict of interest between you, as Personal Representative, and you as an individual. Other
than receiving reasonable compensation for your services as Personal Representative, you may not
profit from dealing with estate assets.
3. PROVIDE NOTICE OF APPOINTMENT. Within 30 (thirty) days after your Appointment
as Personal Representative are issued, you must mail notice of your appointment to the Arizona
Department of Revenue and to the heirs and devisees whose addresses are reasonably available to
you. If your appointment is made in a formal proceeding, you need not give notice to those persons
previously noticed of a formal appointment proceeding. See A.R.S. §14-3705.
4. PROVIDE NOTICE OF ADMISSION OF WILL TO PROBATE. Within 30 days of
the admission of the Will to informal probate, you must give written notice to all heirs and devisees of
the admission of the Will to probate, together with a copy of the Will. You must notify the heirs and
devisees that they have four (4) months from receipt of the Notice to start a formal testacy proceeding
if the heir or devisee wishes to contest the probate. See A.R.S. §14-3306.
5. MAIL COPIES of this ORDER TO PERSONAL REPRESENTATIVE. WITHIN
30 DAYS AFTER YOUR LETTERS OF PERSONAL REPRESENTATIVE ARE ISSUED, YOU MUST
MAIL A COPY OF THIS ORDER TO PERSONAL REPRESENTATIVE AND ACKNOWLEDGMENT
AND INFORMATION TO HEIRS/DEVISEES, to all the heirs or devisees of the estate and to any
other persons who have filed a demand for notice. See A.R.S. §14-3705.
6. FILE PROOF OF COMPLIANCE. Within 45 days after your Letters of Appointment as
Personal Representative are issued, you must file with the Court a notarized statement swearing or
affirming that a copy of this Order was mailed to each devisee, to each heir in intestate (no will)
estates and to any other persons who have filed a demand for notice.
7. PUBLISH NOTICE. Unless a predecessor personal representative already has fulfilled this
duty or you were appointed more than two years after the decedent’s date of death, you must publish
a notice once a week for three (3) consecutive weeks in County in a newspaper of
general circulation that announces your appointment as Personal Representative and tells creditors
of the estate that, unless they present their claims against the estate within the prescribed time limit,
the claims will not be paid. In addition, you must mail a similar notice to all persons you know are
creditors of the estate. See A.R.S. § 14-3801.
8. PROTECT ASSETS. You must immediately find, identify, and take possession of all the estate
assets and make proper arrangements to protect them. See A.R.S. §14-3709. All property must be
re-titled to show ownership in the name of the estate - such as “Estate of (decedent’s name), by (your
name) as Personal Representative.Do not put the estate assets into your name, anyone else’s
name, joint accounts, trust accounts (“in trust for”), or payable on death (“POD”) accounts. Do not
list yourself or any other person as joint owner or beneficiary on any bank accounts or other assets
belonging to the estate. Do not mix any estate assets with your own assets or anyone else’s assets.
© Superior Court of Arizona in Maricopa County Page 2 of 5 PBIP18f 080318
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If your authority as Personal Representative has been limited by the Court, you must promptly protect
the estate assets as ordered, and file a Proof of Restricted Assets with the Court. You may not sell,
encumber, distribute, withdraw or otherwise transfer restricted assets without first obtaining
permission from the Court.
9. DETERMINE STATUTORY ALLOWANCES. It is your responsibility to determine
whether any individuals are entitled to statutory allowances under A.R.S. §14-2402, 2403, and 2404.
Statutory allowances include a homestead allowance, exempt property allowance, and a family
allowance.
10. INVENTORY ASSETS. Unless a predecessor personal representative already has fulfilled
this duty, within 90 days after your Letters of Appointment as Personal Representative are issued,
you must prepare an inventory or list of the decedent's probate assets and their values as of the date
of death. See A.R.S. § 14-3706. The inventory must be either (1) filed with the Court and mailed to
all interested persons who request it, or (2) not filed with the Court, but mailed or delivered to: (a)
each of the heirs if the decedent died intestate or to each of the devisees if the decedent’s will was
admitted to probate; and (b) to any other interested person who requests a copy of the inventory.
11. STANDARD OF CARE. In administering estate assets, you must observe the standards of
care applicable to a trustee, including the prudent investor rules. See A.R.S. §§14-10801 et. seq. and
14-10901 et seq.
12. KEEP DETAILED RECORDS. You must keep detailed records of all receipts and expenses
of the estate. You are required to provide an account of your administration of the estate to all
persons affected by the administration. See A.R.S. §14-3933.
13. PAY VALID DEBTS AND EXPENSES. You must determine which claims and expenses
of the estate are valid and should be paid. You must provide to any creditor whose claims are not
allowed prompt written notification that they will not be paid or will not be paid in full. See A.R.S. §14-
3806. To the extent there are enough assets in the estate, you are responsible for the payment of any
estate debts and/or expenses you know about or can find out about. If there are not enough estate
assets to pay all debts and expenses, you must determine which debts and expenses should be paid
according to the law. See A.R.S. §14-3805. You may be personally liable if you pay a debt or
expense that should not be paid.
14. PAY TAXES. It is your responsibility to determine that all taxes are paid and that all tax returns
for the decedent and the estate are prepared and filed.
© Superior Court of Arizona in Maricopa County Page 3 of 5 PBIP18f 080318
ALL RIGHTS RESERVED
Case No.
15. DISTRIBUTE REMAINING ASSETS. After payment of all debts and expenses of the
estate, you must distribute estate assets as directed in the Will or, if there is not a Will, to the intestate
heirs. If there are not enough assets in the estate to make the gifts as set forth in the Will, it is your
responsibility to determine how the distributions should be made as required by law. See A.R.S.
§§14-3902 and 14-3907. You may be personally liable if you make an improper distribution of estate
assets.
16. CHANGE OF ADDRESS. Until the probate is closed and you are discharged as Personal
Representative, you must notify the Court in writing if you change your home or mailing address.
17. PAYMENT AS PERSONAL REPRESENTATIVE. As Personal Representative, you
are entitled to reasonable compensation. See A.R.S. §14-3719 and Maricopa County Local Rule 5.7.
Arizona statutes do not designate percentage fees for your work or say how much a Personal
Representative should be paid. You must keep receipts to prove out-of-pocket expenses. In
determining whether a fee is reasonable, the Court will consider the following factors:
a. The time required (as supported by detailed time records), the novelty and difficulty of the
issues involved, and the skill required to do the service properly;
b. The likelihood that your acceptance as Personal Representative will preclude other
employment;
c. The fee normally charged in the area for similar services;
d. The nature and value of estate assets, the income earned by the estate, and the
responsibilities and potential liability assumed by you as Personal Representative;
e. The results obtained for the estate;
f. The time limitations imposed by the circumstances;
g. The experience, reputation, diligence and ability of the person performing the services;
h. The reasonableness of the time spent and service performed under the circumstances; and,
i. Any other relevant factors.
18. COURT INVOLVEMENT. Usually, to reduce estate expenses, estates are administered and
estate claims and expenses are paid, including the fees to the attorney and Personal Representative,
with little Court involvement. The Court does not supervise informal probates or the conduct of a
Personal Representative. However, if any interested party believes that the estate has not been
properly handled or that the fees charged by the attorney or Personal Representative are not
reasonable under the circumstances, that party may request that the Court review the accounting for
the Personal Representative’s administration of the estate. Any additional Court involvement may
result in additional delay and expenses. If appropriate, the Court may assess the additional expense
against the estate or the non-prevailing party.
© Superior Court of Arizona in Maricopa County Page 4 of 5 PBIP18f 080318
ALL RIGHTS RESERVED
Case No.
19. CLOSE THE ESTATE. After you have administered the estate and all the assets of the estate
have been distributed, the estate must be closed, either formally or informally. In an informal closing,
a copy of the Closing Statement is filed with the Court and must be sent to all persons receiving a
distribution from the estate. See A.R.S. §14-3933. For a formal closing, see A.R.S. §§14-3931 and
14-3932. Usually, the estate should be completely administered and closed within two (2)
years of the initial appointment of the Personal Representative.
This is only a general outline of some of your duties as Personal Representative. This Order does not
describe all of your duties and is not a substitute for obtaining professional legal advice. This is a general
outline of your duties only. If you have any questions as Personal Representative, before taking any action
you should contact an attorney who handles probate estates to find out what to do.
WARNING. Failure to obey a Court Order and the statutory provisions relating to this estate may
result in your removal as Personal Representative and other penalties. In some circumstances,
you may be held in contempt of court, punished by confinement in jail, fine or both. In addition, if
you violate any of your fiduciary duties, you could be held personally liable for any losses for
which you are responsible.
DATED: this ___ day of _______________, 20___.
Judge / Special Commissioner
Superior Court of Arizona in Maricopa County
In the matter of the estate of
:
Name of the deceased
ACKNOWLEDGMENT OF ORDER TO PERSONAL REPRESENTATIVE
AND INFORMATION TO HEIRS/DEVISEES
I, the undersigned, acknowledge receiving a copy of this order and agree to be bound by its provisions,
whether or not read before signing, as long as I am Personal Representative.
Date Signed
Signature of Personal Representative
Printed Name
Date Signed
Signature of Personal Representative
Printed Name
© Superior Court of Arizona in Maricopa County Page 5 of 5 PBIP18f 080318
ALL RIGHTS RESERVED
© Superior Court of Arizona in Maricopa County
ALL RIGHTS RESERVED
PBPRTM1 - 0717
PERSONAL
REPRESENTATIVE
TRAINING MANUAL
This program was developed under grant number SJI-11-E-008 from the
State Justice Institute. The points of view expressed are those of the
faculty and do not necessarily represent the official position or policies of
the State Justice Institute.
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IMPORTANT NOTICE
TRAINING REQUIREMENT
Effective September 1, 2012
The Arizona Supreme Court requires that any person who is not a state-licensed
fiduciary (or a financial institution) must complete a training program approved by the
Supreme Court before Letters of Appointment to serve as a guardian, conservator, or
personal representative can be issued by the Clerk of the Court.
TRAINING SHOULD BE COMPLETED BEFORE THE COURT HEARING.
The fiduciary may for good reason request additional time to complete the training.
You may access and complete the training FREE online at:
http://www.azcourts.gov/probate/Training.aspx
Go to the section for Non-licensed Fiduciaries and click on the link to access a narrated
slide-show presentation of the materials applicable to your situation.
AFTER reviewing the materials, you will need to inform the Court that you have completed
the training by filing either the Certificate available at the end of the online training, or the
Declaration of Completion form available at the end of this training manual, or from either
the Probate Filing Counter or the Law Library Resource Center. If you have questions
about the training, contact the Probate Clerk at 602-506-3668.
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After viewing the contents of this manual you will be able to:
Summarize the role of the Personal Representative
Compare and contrast supervised vs. unsupervised probate administration
Explain how handling an intestate differs from an estate with a Last Will and Testament
Discuss the process for closing the estate
Supervised Administration v. Non-Supervised Administration
The intent of the probate court is to stay out of the affairs of a decedent (the deceased individual)
estate as much as possible. The probate courts in Arizona take the position that the heirs,
beneficiaries or devisees of an estate likely have the ability to protect their own interest in the
estate and therefore, do not need the court monitoring the activities of a personal representative
as they would for a guardianship or conservatorship.
Unsupervised Personal Representative
Most probate administrations are not supervised by the court. This means the personal
representative has the ability to liquidate property or make distributions without first seeking
approval of the court. Any interested party may request the court “supervise” the activities of the
personal representative. This can happen for a number of reasons. The interested party may be
concerned that the personal representative is not acting for the benefit of the estate or the heirs,
or one of the heirs or beneficiaries may be a minor or incapacitated, so the interested party
believes additional court oversight is necessary.
Supervised Personal Representative
When the court orders that a personal representative’s appointment is supervised this means the
personal representative must petition the court for approval to take most actions. For example,
the personal representative would need to seek the court’s approval before liquidating property,
distributing property/cash, or closing the estate.
Intestate and Heirs
If the estate is intestate, how do you determine heirs?
Arizona Revised Statutes §14-2103 outlines who should inherit the estate of the decedent if the
person dies without leaving a will. According to this statute there is a prescribed order in which
an estate passes on to the heirs. The order of inheritance is shown below:
Surviving spouse
If no surviving spouse:
The decedent’s children or their children,
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If no children:
The decedent’s surviving parent(s),
If no parents:
The decedent’s sibling(s) or their children
If no sibling(s) or nieces/nephews:
The decedent’s grandparents – one-half to the maternal side and one-half to the paternal
side
If there are no relatives:
The State of Arizona
Determining Heirs
Determining who may be the heirs and in what percentage can be complicated. You should seek
the advice of legal counsel to ensure that you have identified all potential heirs. It is best to seek
a professional who will conduct an heir search and provide you with a report as to who may be
entitled to inherit from the estate. Once you have determined who you believe to be the heirs of
the intestate estate, you will want to file a petition for determination of heirs with the court so
that the court may confirm the heirs of the estate.
Providing Notice to Interested Parties
Interested parties are individuals or companies who may have a financial interest in the estate
such as an heir, beneficiary or devisee. An interested party may also be an individual who has
filed a demand for notice, such as a creditor. If you are dealing with an intestate estate, you will
need to provide notice to the Arizona Attorney General as they may receive the estate proceeds if
no relatives can be located.
Filing Informal Probate
If you are filing an informal probate you shall give notice to interested parties, of the fact that
you were appointed as the personal representative, within thirty days from the date of
appointment. You shall notify the parties of the court where the Will was filed or where the
petition for appointment was filed. You shall also provide them with a copy of the Order to
Personal Representative which outlines your duties and responsibilities as the personal
representative.
Filing Formal Probate
If you are filing a formal probate proceeding, you shall give notice of the date and time of the
hearing to all interested parties at least 14 days prior to the hearing.
Providing Notice to Creditors
Once you are appointed as the personal representative, you must give notice to all known and
unknown creditors. A creditor is any individual or entity which may have been owed money by
the decedent before their death or as a result of their death. Examples include mortgage
companies, physicians, credit card companies, and tax authorities, among others.
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Unknown Creditors
In order to ensure you have notified all unknown creditors, you shall publish notice in a
newspaper of general circulation in the county where you were appointed. The notification shall
state that you were appointed as the personal representative and provide the address where
creditors claims may be sent. You shall publish this one time per week for three successive
weeks.
Known Creditors
A known creditor is some person or company you know the decedent owed money to before
death, such as a personal physician or credit card company. You shall provide actual notice to all
known creditors by providing them with a copy of the Notice to Creditors that you file with the
court.
Creditors Claim
Once a potential creditor has been notified of the death, the creditor has 120 days to present a bill
to the estate for payment. Some creditors will file a creditors claim directly with the court;
others will simply send you the bill. Both methods are acceptable for presenting the claim to the
estate.
Time Frame for Claim
The time frame for presentation of the creditors claim is calculated in one of two ways:
For unknown creditors the 120 day countdown begins on the date of first publication. As an
example, if the first date that the creditors notice is published in the newspaper is February 1,
the creditor has until May 31 to present their claim.
For known creditors who receive actual notice, the 120 day countdown begins on the day you
sent out the notification.
When Creditors Period Expires
If you receive a creditors claim after the creditors period has expired you have an obligation to
deny the claim. The notice to creditors notifies the creditor that if they do not present their claim
with 120 days, their claim is barred. A creditor may petition the court to argue against the fact
that you denied the claim. The court will then determine whether the creditor should be paid or if
the claim should be denied.
Order of Payment
Who gets paid in what order?
The state statutes outline how creditors claims are to be paid in the order as follows.
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Costs and expenses of administration. This means your fees and expenses as the personal
representative and those of your attorney; Funeral expenses; Debts and taxes under federal law
(Internal Revenue Service); Medical and hospital expenses related to the last illness of the
decedent, including compensation to individuals providing care; Debts and taxes with preference
under state law (Arizona Department of Revenue); all other claims. This means that all other
debts of the decedent fall into the same category. If there is more than one creditor in a particular
category, they are all treated equally and no one has priority over the other for payment.
Pro Rata Share
What if the estate is not large enough to cover all debts?
If the estate is not large enough to cover all of the debts, the debts are paid in the order outlined
in the state statute. If all creditors with the exception of creditors in the final category have been
paid, the remaining creditors get a pro rata share of the remaining cash. A pro rata share is the
percentage of debt the creditor represents in comparison to the entire value of the debt owed.
Debt Example
As an example, there are 10 creditors with a total debt owing of $100,000. Creditor 1 submitted a
claim worth $50,000. This means that Creditor 1 represents 50% of the total debt owed by the
decedent. If there is only $25,000 available to pay the remaining creditors, Creditor 1 would
receive $12,500 toward their bill as they represent 50% of the claims.
Marshal and Secure All Assets
As a personal representative, your first priority is to marshal and protect the assets of the
decedent’s estate. When the court tells you to marshal an asset, do you know what they mean?
The court wants you to take control of the assets, on behalf and for the benefit of, the estate.
There are a number of different ways that you can do this.
“Certified” Letter
One of the first things you need to do is obtain a current “certified” copy of your letter of
appointment. A certified copy is a copy issued by the Clerk of the Court in the county where your
letter was issued. The certified copy states that it is a true and complete copy of the original letter
on file with the issuing court, and that the letters of personal representative are currently in
effect.
Record Your Letter
Once you have obtained the certified copy of your letters of appointment (or letters of personal
representative) you will need to record these with the county recorder in every county where the
decedent owned property. By recording your letters of appointment you are putting the public on
notice of your appointment. You are also creating a record should someone attempt to sell real
property belonging to the estate that you are the only person entitled to transfer property on
behalf of the estate.
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Notice of Filing
Once you have received the recorded copy of your letters of appointment back from the
recorders office (there will be a marking on the document that reflects it has been recorded and
where that record can be found for future reference), you will need to file a Notice of Filing with
the court to show that you have recorded the letters of appointment.
Marshal an Account
In order to marshal a bank or brokerage account, you will need to notify the financial institution
of your appointment. When you first meet with the financial institution be sure to bring the
original, stamped letter or the certified copy of your letter of appointment with you. Most banks’
legal department will want to see a certified copy of your letter of appointment in order to allow
you access to the account. You should also have a copy of the decedent’s death certificate and a
copy of the letter from the Internal Revenue Service assigning the employer identification
number of the estate.
How Should Assets Be Titled?
Once you have presented your letter of appointment, the account(s) will be re-titled to the name
of the estate. The way the account is titled depends on the organization you are working with.
Some will title it as “Estate of Jane Doe, by John Doe, Personal Representative”; others will title
it as “John Doe, Personal Representative for the Estate of Jane Doe.” The purpose of this is to
notify the organization (bank, brokerage firm, Department of Motor Vehicles) that you are the
only person who should be dictating how the asset is held, spent, or managed.
Recording Transactions
You should be very careful not to let any other individual have access to any bank accounts you
manage. While there is no law that prohibits you from using a debit card or cash to transact
business on behalf of the estate, it is best to avoid using a debit card or cash whenever possible.
Debit cards can be easily accessed by another individual and it is difficult to prove that a cash
transaction was used for the benefit of the estate. If it is necessary to use cash for a purchase be
sure to keep all receipts to prove the purchase was for the benefit of the estate.
Re-Title Vehicles
You may also re-title vehicles in the name of the estate. In order to transfer the title of vehicles
into the estate you will need to bring your letters of appointment with you. The Motor Vehicle
Division typically requires a certified copy dated within 60 days from the date of the re-title
request. Vehicles may be cars, motorcycles, boats, recreational vehicles or motor homes.
Obtain an EIN
An EIN is an employer identification number. This is similar to a Social Security Number and is
the number that is used to report the estate income to the Internal Revenue Service. You may
obtain an EIN online from the Internal Revenue Service’s website at www.irs.gov
Inventory and Appraisement
Unlike a conservatorship that requires you file the Inventory and Appraisement with the court
AND provide a copy to interested parties, in a probate proceeding you can choose. You may file
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the inventory and appraisement with the court and notify the interested parties that you filed it
and they may request a copy from the court. Alternatively, you are not required to file it with the
court (unless the court has ordered you to do so) and you can mail a copy of the inventory and
appraisement directly to the interested parties. You must do one or the other within 90 days from
the date of your appointment.
Assets of the Estate
All assets of the probate estate should be listed on the inventory and appraisement. Assets to be
included, but not limited to, are shown below:
Bank accounts
Brokerage accounts
Annuities
Life insurance policies (the cash surrender value)
Real property (homes, vacant land, and burial plots)
Automobiles
Jewelry/Artwork/Antiques
Household items
Cash/Coins
How Much Detail
How much detail should you include?
You should include as much detail as is necessary to reasonably identify the asset. For example,
if the protected person has a checking account at Bank of America, you would document it as
“Bank of America Checking” and provide the Account number.
Documenting Assets
When documenting an automobile, you should include the make, model, year and vehicle
identification number (VIN). You should include the address and parcel number for real estate.
Documenting household items on an inventory is a little more difficult. Some will include a lump
sum value of miscellaneous household property and others will include details such as one sofa,
one end table and one coffee table. No matter the amount of detail you choose to include for
household items, you should always photograph or video tape the personal property.
Date and Valuation of Assets
When dealing with a probate estate, the value of an asset on the inventory and appraisement is
determined by its value on the date of death of the decedent. When listing a bank account,
brokerage account or annuity, you will want to list the value as of the date of death. A reliable
way to determine the value of an automobile would be to use the Kelley Blue Book valuation.
Provide a Reasonable Estimate
Determining the value of other assets may be a little more difficult. Appraisals may be obtained
for homes, jewelry, artwork or antiques. Appraisals can be very costly so if it is not your intent to
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liquidate the asset in the very near future, it may be best to provide a reasonable estimate of the
asset’s value as the value can change significantly in a very short period of time, such as with
real estate. If you provide an estimate for the value be sure to make note of this on the inventory.
In-Kind Distribution
Additionally, some assets may be distributed to a beneficiary as an “in-kind” distribution. An in-
kind distribution is when you give the individual the property just as it is, such as a ring. Instead
of selling the ring and giving the individual the cash, you are giving them the actual asset. The
statute requires that the personal representative obtain an appraisal of any property given “in-
kind” within 30 days of distributing the property. This is another reason it may be best to wait on
an appraisal as you do not want to waste estate assets getting multiple appraisals for the same
piece of property.
Payable/Transfer on Death
What if you discover assets are “payable on death” or “transfer
on death”?
If you discover that an asset is “payable on death” or “transfer on death” you should notify the
individual(s) named as the beneficiary and provide them with the information necessary for them
to take possession of the asset. As the personal representative you do not have the authority to
marshal a payable on death asset because it no longer belongs to the decedent or his estate after
his death; the interest in the asset now belongs directly to the beneficiary.
Record Keeping
What types of records should you keep?
You are required to keep records of all income and expenses you manage as the personal
representative of the estate. You will need to keep copies of all bank statements, brokerage
statements, invoices, receipts, and any other record you need to support your efforts as personal
representative.
Invoices
One good practice is to attach a copy of a check used to pay an invoice to the copy of that
invoice. This ensures all parties that the expenses you are making are for the benefit of the
protected person.
Original Papers
You should maintain the original papers for all important documents, such as deeds, titles, birth
certificates, death certificates.
Maintaining Records
The amount of time you maintain records can depend on a number of factors. It is recommended
that you keep all records regarding your activities as personal representative for, at a minimum,
as long as you are acting as personal representative. Keep in mind, other laws may recommend
you keep records for longer periods of time.
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The typical recommendation is to follow the record retention requirements outlined by the
Internal Revenue Service. The most recent information from the IRS indicates you should keep
records according to the following conditions shown on this page.
1. If you owe additional tax and situations (2), (3), and (4), below, do not apply to you; keep
records for 3 years.
2. If you do not report income that you should report, and it is more than 25% of the gross
income shown on your return; keep records for 6 years.
3. If you file a fraudulent return; keep records indefinitely.
4. If you do not file a return; keep records indefinitely.
5. If you file a claim for credit or refund* after you file your return; keep records for 3 years
from the date you filed your original return or 2 years from the date you paid the tax,
whichever is later.
6. If you file a claim for a loss from worthless securities or bad debt deduction; keep records
for 7 years.
7. Keep all employment tax records for at least 4 years after the date that the tax becomes
due or is paid, whichever is later.
Payment for Personal Representative
You are entitled to payment for your time as the personal representative. The court may review
your fees at the time you close the estate. You are also entitled to reimbursement from the estate
for any money you pay out of pocket for the estate’s benefit. For example, if you pay for a filing
fee with the court, you would be entitled to be reimbursed for that expense.
Attorney’s Fees
Can You Hire An Attorney?
You may hire an attorney and are entitled to have the fees for that attorney paid for by the estate
as long as the court determines that the fees are reasonable and necessary.
Closing the Estate
Upon expiration of the creditors claims period, you should be able to close the estate. If the
assets of the estate are sufficient to pay all claims, then all claims should be paid. If you have
reason to believe a claim on the estate is not valid you may deny that claim. However, if you do
so, you will need to allow time for the creditor to challenge the denial.
Final Tax Return
You may want to meet with a CPA to discuss the timing and process for filing the final estate tax
return. To file the final return you will need to obtain an Internal Revenue Service Form W-9
from each heir, beneficiary or devisee. At the time of filing the final tax return, the CPA will
prepare a document called a Form K-1 which will be provided to each beneficiary, heir or
devisee.
Supervised Personal Representative
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You may close the estate in one of two ways depending on your appointment type. If you are
operating under a supervised administration, you will be required to file a formal account with
the court which outlines the starting value of assets (the inventory value), the income and
expenses, the ending value of the estate and a proposal as to how you plan to distribute those
funds to the individuals /entities who are to receive them.
Non-Supervised Personal Representative
If you are not operating under a supervised administration, you may still choose to file a formal
account with the court but you are not required to do so. Instead, you may provide the interested
parties with a copy of your accounting and obtain a waiver and release from them. The waiver
and release will typically indicate that they acknowledge receipt of the account, they have no
issues with its contents, they agree to the distribution plan and waive you filing the account with
the court.
Distributions to Heirs
Upon approval of the distribution plan by the court or receipt of all waivers and receipts from the
heirs, beneficiaries or devisees, you may distribute the assets of the estate according to law, the
terms of the Last Will and Testament and/or the distribution plan.
Distribution Receipts
It is good practice to send a receipt to the individual/entity receiving the distribution as you will
want to supply a copy of the signed receipt to the court to prove that you have distributed the
assets of the estate. It can be difficult sometimes to get beneficiaries, heirs or devisees to return
the receipt. It is suggested to send the distribution via certified mail/return receipt requested. If
you are unable to obtain the receipt back, you will at least have the certified mail receipt to show
the court that you delivered the distribution.
Closing the Estate
Upon filing of the final tax return, providing an account to all interested parties, and receiving
proof of distribution, you may close the estate.
Formal Closing of the Estate
As with the account, you can do this in one of two ways. If you are operating under a supervised
administration, you will be required to petition the court for permission to close the probate
estate. If you are not operating under a supervised administration, you may still choose to file a
formal petition for discharge with the court. The benefit to filing the formal petition is that, if you
have a bond, you are able to obtain exoneration of the bond immediately.
Informal Closing of the Estate
Keep in mind, any time a formal closing procedure is used, the costs to the estate are typically
higher. This is why the court recommends an “informal” closing. With an informal closing you
will file a closing statement with the registrar (Clerk of the Court) which will include the waivers
and receipts you obtained from the heirs, beneficiaries or devisees. The registrar will then sign
the closing statement which indicates that if no objections are filed within one year, the estate is
closed and the bond may be exonerated.
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Thank you for viewing this training manual. The welfare of the ward
and/or protected person is of utmost importance to the court.
For more information about Probate please visit the Judicial Branch
website devoted to Probate at www.azcourts.gov/probate.
Person Filing:
Address (if not protected):
City, State, Zip Code:
Telephone:
Email Address:
Lawyer’s Bar Number:
Licensed Fiduciary Number: ____________________________________
Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY
In the Matter of the Estate of:
Case Number PB:
DECLARATION OF COMPLETION
OF TRAINING for
A Deceased or Protected Person
NON-LICENSED FIDUCIARIES
Rule 27.1 of the Arizona Rules of Probate Procedure requires that a person to be appointed guardian,
conservator, or personal representative of an estate, who is neither a state-licensed fiduciary nor a
corporation, complete a training program approved by the Supreme Court of this state before permanent
Letters of Appointment are issued, or within 30 days of a temporary or emergency appointment.
UNDER PENALTY OF PERJURY
I state to the Court that in accord with Rule 27.1 of the Arizona Rules of Probate Procedure,
I have completed the required training for non-licensed, non-corporate fiduciaries, as
indicated below: (Check all that apply and provide applicable information.)
Unlicensed Fiduciary
Date completed:
Conservatorship
Date completed:
Personal Representative
Date completed:
Guardianship
Date completed:
Date:
Signature
Printed Name
FOR CLERK’S USE ONLY
INSTRUCTIONS: Fill out this Declaration completely and provide accurate information. Make at least
one copy. You will need to file the original with the Clerk of Court and provide a copy to the Probate
Registrar before receiving any permanent letters of appointment.
©Superior Court of Arizona in Maricopa County Page 1 of 1 PBDT10f-072017
ALL RIGHTS RESERVED