Phoenix Arizona Petition for Subsequent Administration

State:
Arizona
City:
Phoenix
Control #:
AZ-PB-48
Format:
Word; 
Rich Text
Instant download

Description

This model form, a Petition for Subsequent Administration - 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).

The Phoenix Arizona Petition for Subsequent Administration is a legal document used in the state of Arizona to request the appointment of a subsequent personal representative (also known as an executor or administrator) to handle the administration of an estate. This petition is typically filed when the originally appointed personal representative is unable or unwilling to continue their duties or has passed away. It is governed by the Arizona Revised Statutes, specifically Title 14, Chapter 7, and Section 718. The purpose of the petition is to ensure the proper and efficient administration of the estate, ensuring that the assets are distributed to the rightful heirs or beneficiaries. It may also involve resolving any outstanding debts, taxes, or legal issues related to the estate. The petition must be filed in the probate court in the county where the deceased person (decedent) resided at the time of their death. It requires specific information and documentation, including the details of the decedent's estate, such as assets, debts, and beneficiaries. There are different types of Phoenix Arizona Petition for Subsequent Administration, depending on the circumstances and needs of the estate. These may include: 1. Successor Personal Representative: This type of petition is filed when the originally appointed personal representative is unable to continue their duties for various reasons such as illness, incapacity, or resignation. The successor personal representative is appointed to take over the administration of the estate. 2. Posthumous Administration: In cases where the originally appointed personal representative passes away during the administration of the estate, a petition for posthumous administration may be filed. This seeks to appoint a subsequent personal representative to continue and complete the administration process. 3. Removal of Personal Representative: If there are valid reasons to have the current personal representative removed, a petition for subsequent administration may be filed. This typically involves demonstrating a breach of fiduciary duty, misconduct, or incompetence on the part of the current personal representative. 4. Special Administration: In certain circumstances, such as when immediate action is needed to protect the estate or its assets, a petition for special administration may be filed. This allows the court to appoint a subsequent personal representative to handle specific tasks or address urgent matters until a permanent personal representative can be appointed. In summary, the Phoenix Arizona Petition for Subsequent Administration is a legal document used in the state of Arizona to request the appointment of a subsequent personal representative for various reasons. It ensures the proper administration of an estate and is governed by relevant laws and statutes.

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FAQ

Executors' year However, many beneficiaries don't realise that executors and administrators have twelve months before they are obliged to distribute the estate to the beneficiaries. Time runs from the date of death.

How Long Do You Have to File Probate After Death in Arizona? 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.

How Long Does Probate Take in Arizona. According to Arizona law, probate proceedings must be kept open for at least 4 months to allow any creditors to make their claims. Informal probates typically last between 6-8 months, depending on how quickly the Personal Representative completes their required duties.

Intestate Succession That is unless the decedent excluded or limited the rights of an heir through a will. In the unlikely event that there is no one qualified to claim the estate ? there is no spouse and there are no heirs, then the intestate estate will pass to the State of Arizona.

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.

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.

Settling an Estate in Arizona The first step is to file the will and a petition for probate with the county court where the deceased person lived or where they had property if they lived out of state. A personal representative is appointed by the court, which is usually the person named in the will.

When someone dies, their beneficiaries have up to two years to open probate. Once probate is opened, there aren't any time limits that will cause the case to expire.

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.

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.

Interesting Questions

More info

If your loved one recently passed, you might need the help of a probate lawyer. Probate is a court process overseeing the administration of an estate.(Note: This is when property of an estate is discovered after an Estate has been. settled. ​We are finishing up our upgrades to the job application portal. Why won't A.C.C. staff help me fill out my form?

— A few things: 1. A good lawyer doesn't try and figure out the process you want before you ask. 1a. Our lawyer will write your letter to the judge for you and make sure the judge has your best interests in mind. This would be a simple task, and not much work. We also will take care of getting your letters filed with a county. If the estate is not valued at one billion dollars, you will still need to file for a liquidation. This will give you more time to file the documents that are necessary for this process. You can also file a Trust Form (which will be a court process×. But here is the thing that you won't want to consider for right now! Your attorney is going to tell you that you cannot file for a trust without filling out the trust forms that are required for that purpose. In many places there is a fee for this. You can probably save yourself a lot of money by getting the information you need at our website.

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Phoenix Arizona Petition for Subsequent Administration