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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

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.

Case No.

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.

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.

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

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