Phoenix Arizona Petition by Claimant for Allowance of Claim

Category:
State:
Arizona
City:
Phoenix
Control #:
AZ-PB-38
Format:
Word; 
Rich Text
Instant download

Description

This model form, a Petition by Claimant for Allowance of Claim - Arizona, is intended for use to initiate a request to the court to take the stated action. The form can be easily completed by filling in the blanks and/or adapted to fit your specific facts and circumstances. Available in for download now, in standard format(s).

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FAQ

Steps for Filing a Claim Against a Deceased Person's Estate Find proof of the amount owed to you by the decedent. Locate the probate court responsible for the estate's proceedings. Visit the court and bring your proof with you, then ask for a creditor's claim form and the case number for the probate proceedings.

How to Start Probate for an Estate Open the Decedent's Last Will and Testament.Determine Who Will be the Personal Representative.Compile a List of the Estate's Interested Parties.Take an Inventory of the Decedent's Assets.Calculate the Decedent's Liabilities.Determine if Probate is Necessary.Seek a Waiver of Bond.

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.

Assuming probate is necessary, there can be a number of consequences for not petitioning to open probate: Individually-titled assets will remain frozen in the decedent's name. The estate's assets are subject to losses. Another interested party may petition to open probate.

In the state of Arizona, probate is only required if the decedent has any assets that did not transfer automatically upon their death. These assets tend to be titled individually in the decedent's name and will require a probate court to transfer the title of ownership to the intended beneficiary.

How to Start Probate for an Estate Open the Decedent's Last Will and Testament.Determine Who Will be the Personal Representative.Compile a List of the Estate's Interested Parties.Take an Inventory of the Decedent's Assets.Calculate the Decedent's Liabilities.Determine if Probate is Necessary.Seek a Waiver of Bond.

This is called probate. An administrator is someone who is responsible for dealing with an estate under certain circumstances, for example, if there is no will or the named executors aren't willing to act. An administrator has to apply for letters of administration before they can deal with an estate.

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.

How to Start Probate for an Estate Open the Decedent's Last Will and Testament.Determine Who Will be the Personal Representative.Compile a List of the Estate's Interested Parties.Take an Inventory of the Decedent's Assets.Calculate the Decedent's Liabilities.Determine if Probate is Necessary.Seek a Waiver of Bond.

When is a probate action required in Arizona? Under Arizona law, the general rule is that if the deceased person owned more than $100,000 of equity in real estate, or more than $75,000 of personal property (including physical possessions and money), then a probate action is required to transfer the assets to the heirs.

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Phoenix Arizona Petition by Claimant for Allowance of Claim