The personal representative of an Arizona estate carries out someone’s last wishes. They distribute assets to someone’s beneficiaries in accordance with an estate plan or to their heirs in compliance with state law.
They also have to fulfill someone’s outstanding personal obligations. Oftentimes, people die with debts ranging from credit card balances to student loans. It is the responsibility of the person overseeing the probate process to communicate with the decedent’s creditors and to pay their debts. Typically, responsibility for those debts takes priority over the inheritance rights of beneficiaries.
What are the rules for dealing with creditors as part of the probate process?
Written notice is typically necessary
Creditors have the right to request repayment as part of the probate process, and therefore they need to know when there is a personal representative authorized to distribute someone’s assets. After the courts appoint someone as the personal representative of an estate, that person must publish notice about the probate proceedings in a local newspaper. The notice must appear at least once a week for three weeks in a row. Typically, the personal representative of an estate must notify all known creditors about the upcoming probate proceedings promptly.
The law in Arizona requires written notice sent to creditors after publishing the notice in newspapers. The creditors then have either four months after the publication of the notice or 60 days after the delivery of the direct notification, to present a creditor’s claim.
Learning more about the probate process can benefit those who have accepted the role of personal representative. Those who understand Arizona’s unique probate statutes can properly fulfill their responsibilities during estate administration.
