Informal Probate

At Dynasty Legal Document, we understand that losing a loved one can be difficult. The process of Probate can be intimidating. We are here to help! There are many steps that need to be followed and multiple documents that must be filed in Informal Probate. One of the first steps is to determine if you are the appropriate person to be named as Personal Representative of the estate.

The Superior Court website states that generally, to apply, you must be over the age of eighteen (18) and be;

The spouse of the decedent,
A 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
A creditor and forty-five (45) days have gone by since the person died.

You also need to determine who else could be appointed personal representative, and if there is a will:

Once you determine the above, you may need to ask anyone entitled to be personal representative if they are willing to sign a waiver of appointment and will agree to your appointment as personal representative and also sign a waiver of bond.

Note: a bond will be required unless it is waived by the will, in writing by all devisees/beneficiaries, or in writing by all heirs if there is no will.

(https://superiorcourt.maricopa.gov/media/rpjgl1db/pbip11pz.pdf)

HOW CAN WE HELP?

At Dynasty Legal Documents, we draft and file all your documents needed to open informal probate with the court. We will also send you information on how to publish your Notice to Creditors, file your Notice to Heirs, draft your Inventory and Appraisement, and prepare all closing documents when all assets have been distributed and final taxes have been paid. We will make sure your documents are in compliance with the court’s rules.

Let Dynasty Legal Documents handle all the hard work!

Informal Probate $1,200.00

Our pricing also includes filing all documents in your case. (Filing Fees are not included)

WHEN IS A PROBATE NEEDED?

1. You are related to a person who died, or you have a legal interest in the person’s
property, AND
2. The person had a will or did not have a will, AND
3. If the person did have a will, you have the original will, AND
4. The person died more than 120 hours ago, but less than 2 years ago,* AND
5. 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.

(https://superiorcourt.maricopa.gov/llrc/prob_pbip1/)

TERMS USED FOR PROBATE

Superior Court Website: (https://superiorcourt.maricopa.gov/ll/probate/)

“Beneficiary”, as it relates to a trust beneficiary, includes a person who has any present or future interest, vested or contingent, and includes the owner of an interest by assignment or other transfer. As it relates to a charitable trust, beneficiary includes any person entitled to enforce the trust. As it relates to a beneficiary of a beneficiary designation, beneficiary refers to a beneficiary of an insurance or annuity policy, an account with pay on death designation, a security registered in beneficiary form or a pension, profit sharing, retirement or similar benefit plan, or any other nonprobate transfer at death. As it relates to a beneficiary designated in a governing instrument, beneficiary includes a grantee of a deed, a devisee, a trust beneficiary, a beneficiary of a beneficiary designation, a donee, appointee or taker in default of a power of appointment and a person in whose favor a power of attorney or a power held in any person, fiduciary or representative capacity is exercised. ARS §14-1201

“Decedent” means a person who has died, also called the deceased. Nolo.com

“Devise” when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will. ARS §14-1201

“Estate” includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. As it relates to a spouse, the estate includes only the separate property and the share of the community property belonging to the decedent or person whose affairs are subject to this title. ARS §14-1201

“Heirs”, except as controlled by ARS §14-2711, means persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a decedent. ARS §14-1201

“Intestate Succession/Intestacy” means the method by which property is distributed when a person dies without a valid will. Each state’s law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse or registered domestic partner, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order. Nolo.com

“Personal Representative” includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status. A general personal representative excludes a special administrator. ARS §14-1201

“Probate” means the court-supervised process following a person’s death that includes: proving the authenticity of the deceased person’s will, appointing someone to handle the deceased person’s affairs, identifying and inventorying the deceased person’s property, paying debts and taxes, identifying heirs, and distributing the deceased person’s property according to the will or, if there is no will, according to state law. Nolo.com

“Will” includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. A will may be a paper will or an electronic will. ARS §14-1201

STATUTES AND RULES

Superior Court Website: (https://superiorcourt.maricopa.gov/ll/probate/)

Arizona Revised Statutes §§14-2101 through 14-2907: These Arizona statutes govern intestate succession and wills.

Arizona Revised Statutes §§14-3101 through 14-3938: These Arizona statutes govern the probate of wills and administration.

Arizona Revised Statute §14-3108(3): This Arizona statute governs the time limit for filing via informal probate.

Arizona Revised Statute §14-3306(b): This Arizona statute governs the notice requirements in Informal Probate and information on how to contest the probate proceedings.

Arizona Rules of Probate Procedure, Rules 13-18: Describe rules that apply to the initiation of probate proceedings in court (such as filing the petition and response).

Arizona Rules of Probate Procedure, Rules 27-29: Describe rules that apply to contested
probate proceedings in court.

Arizona Rules of Probate Procedure, Rules 36-40: Describe rules that apply to Guardianships, Conservatorships, and Decedents, Estates, including: Orders Appointing Guardians, Conservators, Personal Representatives, or Special Administrators, Orders to Fiduciary, Training for Non–Licensed Fiduciaries, Issuing and Recording Letters of Appointment, and Duties of Court–Appointed Fiduciaries.

Arizona Rules of Probate Procedure, Rules 50-52: Describe rules that apply only to
Decedents, Estates and Trusts, including: Personal Representative’s Inventory and Account, Administrative Closure of a Decedent’s Estate and Termination of Appointment, and Trustee’s Accounts.

FORMAL VS. INFORMAL PROBATE

Superior Court Website: (https://superiorcourt.maricopa.gov/ll/probate/)

Probate, whether formal or informal, is the process of winding up the affairs of the person who has died (the decedent) and includes asking the court to appoint a personal representative (sometimes called an “executor”) of the decedent’s estate, and to determine if there is a valid will.

Probate is necessary to pass ownership of the decedent’s probate assets to the decedent’s beneficiaries if the decedent did not have a will. Probate is also necessary to complete the decedent’s financial affairs after his or her death, including ensuring that the decedent’s creditors are paid.

Informal probate is for those estates where there is an original will, and the will is not being contested, nor are any of the heirs listed in the will being disputed; or if there is no will. Formal probate is when the requirements of informal probate are not satisfied, and a Judge or Commissioner is needed to resolve any disputes. Superiorcourt.maricopa.gov.

See the court’s video highlighting the differences between informal and formal probate, and what each process entails. En Español.

REQUIREMENTS FOR PERSONAL REPRESENTATIVE

Training is required in order to be appointed as a Personal Representative. Information regarding required training can be found at the following website: https://www.azcourts.gov/probate/training

The court requires a filing fee when the case is opened. There are also additional fees required throughout your case such as certification fees, publication fees and such. All fees are the responsibility of the client. Court fees can be found at the following
website: https://www.clerkofcourt.maricopa.gov/services/filings/filing-fees

HOW CAN DYNASTY LEGAL DOCUMENTS HELP?

Dynasty Legal Documents understands legal documents with the owner, Melissa Moy, having over 20 years working in Estate Planning Law. At most law offices, the Paralegal drafts all your documents. Melissa worked as a Paralegal in some of the top law firms in Arizona for many years before opening her own legal document office. She has extensive knowledge in order to prepare your Estate Planning documents with the latest rules to make sure you’re in compliance with the latest laws.