A Notice form provides legal notification to a party of an important aspect of a legal matter. Failure to provide proper notice is often the cause of delays in the progress of lawsuits and other legal matters. This model form, a Notice of Informal Appointment of Personal Rep. (INT) - Arizona, provides notice of the stated matter. Because each case is unique, you will need to adapt the form to fit your specific facts and circumstances. Available for download now.
Phoenix Arizona Notice of Informal Appointment of Personal Representative - INT
Category:
State:
Arizona
City:
Phoenix
Control #:
AZ-PB-3-INT
Format:
Word;
Rich Text
Instant download
Description
How to fill out Arizona Notice Of Informal Appointment Of Personal Representative - INT?
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FAQ
Probate timescales will depend on the complexity and size of the estate. If there is a Will in place and the estate is relatively straightforward it can be done within 6 months. If there is no Will or the Estate can not easily be valued or identified then the process may take longer, likely more than 12 months.
Formal probate involves a petition , a hearing or trial before a Judge or Court Commissioner who resolves the issues with a final court order . Informal Probate only requires an application, no hearing or trial, and is administered by a court official known as the Probate Registrar .
A typical flat fee for an informal probate would be between $1000 and $1500. If a probate is contested, or if you need a formal probate, the fees may well be substantially higher.
To open probate proceedings, a family member or friend will need to file a petition with the county court. If the family members are in agreement, the court can appoint one of them to serve as the estate's executor or personal representative.
Once the Grant has been received the personal representative has a duty to collect in the assets of the deceased, pay the liabilities and distribute the estate to the beneficiaries. They have many powers to assist them when dealing with an estate e.g. power to sell property, insure property and invest monies, etc.
According to Arizona law (ARS14-3108), the executor of an estate has two years from the date of death to file probate. This timeframe can be extended under certain circumstances, such as if the deceased left behind minor children.
Informal probates typically last between 6-8 months, depending on how quickly the Personal Representative completes their required duties. Formal and Supervised probates can last a year, or longer, depending on the complexity of the case.
Informal probate requires that the deceased had a valid will at the time of death that has not been challenged and died less than 2 years before probate is opened. In an informal probate process, a personal representative is appointed by the court to administer the estate with minimal court supervision.
A person interested in the estate may petition for removal of a personal representative for cause at any time. Once the petition is filed the court will set a time and place for a hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order.
You can make an application to remove an Executor either before a Grant of Probate has been issued or after. Generally, if such an application is made after the issue of a Grant of Probate, it would be made to the High Court under Section 50 of the Administration of Justice Act 1985.
