{"id":1053,"date":"2017-11-20T19:07:27","date_gmt":"2017-11-21T02:07:27","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/probate\/?p=1053"},"modified":"2022-11-15T14:10:51","modified_gmt":"2022-11-15T21:10:51","slug":"someone-died-without-will","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/probate\/blog\/someone-died-without-will\/","title":{"rendered":"What to Do When Someone Dies Without a Will in Arizona"},"content":{"rendered":"

Introduction<\/h2>\n

When someone dies without a last will and testament, the decedent\u2019s estate is considered \u201cintestate,\u201d and the estate will be distributed according to the state\u2019s intestate succession laws. In Arizona, intestate succession is governed by ARS Title 14 Chapter 2 Article 1<\/a>. The process of settling the decedent\u2019s estate, paying debts and transferring assets to beneficiaries is known as probate. In Arizona, the probate process is governed by the Uniform Probate Code<\/a>.<\/p>\n

If your spouse, parent, or other loved one passes away without a will, you will need to see to it that the probate process is initiated and administered in order to transfer the deceased\u2019s assets to their heirs. You are under no obligation to do this, but without probate, some assets may be unable to transfer to you or other beneficiaries, and will be frozen in the deceased\u2019s name. There are five steps to initiate and administer the probate process:<\/p>\n

    \n
  1. Petition the court to open probate and appoint an executor<\/li>\n
  2. Notify interested parties<\/li>\n
  3. Collect the decedent\u2019s assets<\/li>\n
  4. Settle the decedent\u2019s liabilities<\/li>\n
  5. Distribute the residual estate<\/li>\n<\/ol>\n

    Open Probate and Appoint an Executor<\/h4>\n

    The process begins with filing a petition<\/a> with the probate court in the county where the decedent lived or owned property. The petition requests that the court appoint someone to serve as the estate\u2019s executor or personal representative<\/a>.<\/p>\n

    Usually the surviving spouse or an adult child fulfills this role, but the court can appoint a neutral third-party administrator if there are disputes within the family. Once appointed by the court, the executor will be given Letters Testamentary<\/a>, which authorize the executor to act on behalf of the estate through the probate process. You will need this to take control of your spouse\u2019s separately-held accounts and property.<\/p>\n

    Note that if the deceased owns property in another state, you will need to probate those assets with those respective counties. Your county of residence will be unable to transfer ownership of those assets as it is outside of their jurisdiction.<\/p>\n

    Notify Interested Parties<\/h4>\n

    When probate is opened, the court will instruct the executor to notify any interested parties that the proceedings have begun. Known parties such as family members and creditors should be notified in writing. A notice should also be posted in the local paper, offering any unknown creditors or otherwise interested parties the opportunity to submit a claim on the estate.<\/p>\n

    It\u2019s important to do this because the formal notification establishes a deadline for interested parties to submit a claim. After a certain period of time (usually around four months pending any extensions granted by the court), claims submitted to the court will be considered past the statute of limitations and therefore invalid. Without proper notification, interested parties may have up to two years to submit a claim.<\/p>\n

    Collect the Decedent\u2019s Assets<\/h4>\n

    Once the interested parties have been notified, and while you\u2019re waiting for claims on the decedent\u2019s estate by creditors, itemize all of the decedent\u2019s assets. This includes financial accounts, real property, cars, and personal possessions. Be sure to differentiate between probate and non-probate assets, as certain assets can transfer to a new owner without going through probate. These non-probate assets include:<\/p>\n