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  1. #1

    Default Notice to Heirs in Informal Probate

    My questions involve estate proceedings in the state of: Arizona

    The only sister of the deceased is applying to be a personal representative (PR), there are no other relatives to inherit the property before her, she has children and an aunt. My questions are:

    If following the AZ intestate succession law, the only sister of the deceased is entitled to inherit, does she have to formally notify her children and the aunt of the deceased of her appointment as a PR? Would her children and aunt be considered heirs for the purposes of informal probate or she is the only heir at this time by sucession? Below is the definition:

    Can a PR give a POA to others to perform certain actions required of a PR?

    Will the PR need to obtain copies of the death certificate and the birth certificate of the deceased (as evidence of relation), or courts have a way to confirm death/relation on their own?

  2. #2
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    Default Re: Notice to Heirs in Informal Probate

    Quote Quoting ARS Sec. 14-1201(28). Definitions
    28. "Interested person" includes any trustee, heir, devisee, child, spouse, creditor, beneficiary, person holding a power of appointment and other person who has a property right in or claim against a trust estate or the estate of a decedent, ward or protected person. Interested person also includes a person who has priority for appointment as personal representative and other fiduciaries representing interested persons. Interested person, as the term relates to particular persons, may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding.
    Interested parties are entitled to notice under ARS Sec. 14-401. Persons with financial interests in the estate may demand notice under ARS Sec. 14-3204. Other people are not entitled to notice.

  3. #3

    Default Re: Notice to Heirs in Informal Probate

    I was trying to understand who is and isn't a heir in our situation. If we only focus on heirs, I understand only those who have a prior or equal right would need to be notified. Other relatives are not heirs (although they could be in different circumstances). Maybe I'm overcomplicating this.

  4. #4
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    Default Re: Notice to Heirs in Informal Probate

    Quote Quoting moonlief73
    View Post
    I was trying to understand who is and isn't a heir in our situation. If we only focus on heirs, I understand only those who have a prior or equal right would need to be notified. Other relatives are not heirs (although they could be in different circumstances). Maybe I'm overcomplicating this.
    I think that you are overcomplicating it. She is the only heir. Her children come after her, and I believe that her aunt would come after both her and her children.

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