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INFORMAL PROBATE 1 Application for Appointment as Personal Representative (known in other states as “executor”) Part 1: The Application and Notice (Forms)
Transcript
Page 1: INFORMAL PROBATE 1

INFORMAL PROBATE

1Application for Appointment as

Personal Representative (known in other states as “executor”)

Part 1: The Application and Notice

(Forms)

Page 2: INFORMAL PROBATE 1

Revised 5/14/2020Page 1 of 2

SUPERIOR COURT OF ARIZONA IN COCHISE COUNTY INFORMAL CHECKLIST

Please complete the checklist below and include with the application. Applications missing any components listed will be rejected.

Probate Cover Sheet

☐ Is the Probate Information Cover Sheet completely filled out and is the correct Nature of Action checked?

Original Will

Is the ORIGINAL WILL signed, with two (2) witnesses? ☐ Yes ☐ No• If you do not have the signed original will, you cannot go through the Informal process. The signed

original will is needed on testate estates ONLY.

Was the ORIGINAL WILL signed on or after October 1, 2019? ☐ Yes ☐ No

• If the will was signed on or after October 1, 2019, and is not made self-proved as described in A.R.S.§ 14-2504, are both of the witnesses disinterested (i.e., not a devisee and not related to a devisee byblood, marriage, or adoption)?

If the answer to this question is not “yes,” the will is not valid. (See A.R.S. § 14-2505.)

Application

☐Is the Application for Informal Probate completely filled out with all questions answered? Is it signed and notarized?

☐ Is the Date of death completed (#3 on the Application)?

☐ Is the date of the will on the Application (#4 and #9,) the same as the date(s) on the Will?

☐ Are the surviving spouse, surviving children, heirs, and anyone entitled to take property listed (#5 on

the Application)?

☐ Is the “tardy” language / restrictions included on Application (if applicable) (#13)?

• Only needed if it has been more than two (2) years since the date of death.

Statement

☐ Is the Statement completely filled out?

☐ Is the date on the Statement (“THE PROBATE REGISTRAR FINDS: #1, and “THEREFORE”, #2) the same

as the date(s) on the Will?

☐ Is the “tardy” language / restrictions included on Statement (if applicable) (should be manually entered

after “THEREFORE”, #4)?

Letters

☐ Is the “tardy” language /restrictions included on the Letters of Appointment (if applicable)?

☐ Is the Letters and Acceptance of Appointment as Personal Representative signed and notarized by the

proposed Personal Representative?

Page 3: INFORMAL PROBATE 1

Revised 5/14/2020Page 2 of 2

Other

☐ Is the Waiver of Bond included, signed, and notarized (if applicable)?

☐Are the Waiver of Right to Appointment as Personal Representative and Consent to Appointment of Personal

Representative included, signed, and notarized (if applicable)?

☐ Is the Order to Personal Representative and Acknowledgement and Information to Heirs/Devisees signed by

the proposed Personal Representative?

Is the Training Certificate for the proposed Personal Representative included? • To complete the training, go to the following website:

(English)http://www.azcourts.gov/educationservices/COJET-Classroom/Probate-Personal-Representative(Spanish)https://azcourthelp.org/finder/probate/conservatorship/28-conservatorship-form-training-english/file

Page 4: INFORMAL PROBATE 1

SUPERIOR COURT OF ARIZONA IN COCHISE COUNTY

PROBATE INFORMATION COVER SHEET Case Number:

A person needing a guardian or conservator is the “ward”. A person who died is the “decedent”.

INFORMATION ABOUT THE WARD or THE DECEDENT NAME: DATE OF BIRTH: MAILING ADDRESS : STREET ADDRESS (if different): TELEPHONE (Home): SSN: TELEPHONE (Cellular): EMAIL:

ADDITIONAL WARDS ARE INVOLVED. Information listed separately. INFORMATION ABOUT THE PETITIONER, the person filing these papers. NAME: MAILING ADDRESS: TELEPHONE: EMAIL:

INFORMATION ABOUT PETITIONER’S ATTORNEY: Petitioner is not represented by an attorney, or NAME: BAR # TELEPHONE: EMAIL:

An INTERPRETER IS NEEDED for this language: (List Names of) Persons who need interpreter: Name: Name: Name:

STAFF USE ONLY: REASON FEES NOT PAID: Government Charge Deferred Waived

NATURE OF ACTION: Place an "X" next to number which describes the nature of the case. Check only ONE. 200 ESTATE ____ 201 Formal Appointment of Personal

Representative ____ 202 Informal Appointment of Personal

Representative ____ 203 Ancillary Administration ____ 204 Affidavit of Succession to Realty ____ 205 Trust Administration ____ 206 Formal Probate of Will ____ 207 Informal Probate of Will ____ 208 Proof of Authority ____ 210 Other

Specify ____ 211 Single Transaction/Limited Conservatorship ____ 212 Foreign Domicilliary

220 CONSERVATOR ____ 221 Minor ____ 222 Adult Incapacitated Person

230 GUARDIANSHIP ____ 231 Minor ____ 232 Adult (including those with Dementia, Alzheimer’s) ____ 233 Adult Requiring In-Hospital Mental Health

Treatment

240 GUARDIANSHIP-CONSERVATOR COMBINATION ____ 241 Minor ____ 242 Adult (including those with Dementia, Alzheimer’s) ____ 243 Adult Requiring In-Hospital Mental Health

Treatment

FOR CLERK’S USE ONLY

REVISED 09/25/2017 Page 1 of 2

Page 5: INFORMAL PROBATE 1

Case No.

By signing below, I state to the Court under penalty of perjury that the contents of this document are true and correct to the best of my knowledge and belief.

Petitioner or Attorney Signature

NOTICESUBMIT THIS FORM WITH NEW CASES ONLY.

If there is already a (Cochise County) Probate Court case number and you are filing in an existing Superior Court case in Cochise County, DO NOT SUBMIT THIS FORM.

INFORMATION ABOUT THE FIDUCIARY, the person to serve as guardian, conservator, or personal representative (executor) of the Estate of someone who died.

NAME: DATE OF BIRTH: MAILING ADDRESS: STREET ADDRESS: (if different) TELEPHONE (Home): SSN: TELEPHONE (Cellular): EMAIL: TELEPHONE (Work): CERTIFICATION #

(for State-Licensed Fiduciaries ONLY) RELATIONSHIP TO THE WARD OR (if an estate matter) THE DECEDENT:

PHYSICAL DESCRIPTION: RACE: HEIGHT WEIGHT: EYE COLOR: HAIR COLOR:

REVISED 09/25/2017 Page 2 of 2

Page 6: INFORMAL PROBATE 1

Person Filing: Address (if not protected): City, State, Zip Code: Telephone: Email Address: Lawyer’s Bar Number:Licensed Fiduciary Number: ____________________________________

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR CO

URT

OF ARIZONA IN COCHISE COUNTY

In the Matter of the Estate of:

A Deceased or Protected Person

Case Number :

DECLARATION OF COMPLETION OF TRAINING for NON-LICENSED FIDUCIARIES

Rule 27.1 of the Arizona Rules of Probate Procedure requires that a person to be appointed guardian, conservator, or personal representative of an estate, who is neither a state-licensed fiduciary nor a

corporation, complete a training program approved by the Supreme Court of this state before permanent Letters of Appointment are issued, or within 30 days of a temporary or emergency appointment.

UNDER PENALTY OF PERJURY

I state to the Court that in accord with Rule 27.1 of the Arizona Rules of Probate Procedure, I have completed the required training for non-licensed, non-corporate fiduciaries, as indicated below: (Check all that apply and provide applicable information.)

Unlicensed Fiduciary Date completed:

Conservatorship Date completed:

Personal Representative Date completed:

Guardianship Date completed:

Date: Signature

Printed Name

FOR CLERK’S USE ONLY

INSTRUCTIONS: Fill out this Declaration completely and provide accurate information. Make at least one copy. You will need to file the original with the Clerk of Court and provide a copy to the Probate

Registrar before receiving any permanent letters of appointment.

Page 1 of 1 REVISED 09/25/2017

Page 7: INFORMAL PROBATE 1

Person Filing: Address (if not protected):City, State, Zip Code:Telephone:Email Address: Lawyer’s Bar Number:Licensed Fiduciary Number: ______________________________________

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA IN COCHISE COUNTY

In the Matter of the Estate of:

an Adult a Minor, deceased

Case Number:

WAIVER OF RIGHT TO APPOINTMENT AS PERSONAL REPRESENTATIVE AND CONSENT TO APPOINTMENT OF PERSONAL REPRESENTATIVE

THE UNDERSIGNED PERSON STATES AS FOLLOWS:

1. I am: (check one box)

(Check only if there is NO Will) an heir of the decedent's estate without a Will or

(Check only if there IS a Will) a person named in the decedent's Will.

2. I have priority for appointment as Personal Representative of this estate under A.R.S. 14-3203 because:(check which box applies)

(Check only if there IS a Will) I am named as Personal Representative in the Will of the person who died;

(Check only if there IS a Will) I am the surviving spouse of the person who died and I am named in the Will;

(Check only if there IS a Will) I am another person named in the Will of the person who died;

I am the surviving spouse of the person who died;

FOR CLERK’S USE ONLY

REVISED 09/25/2017 Page 1 of 2

Page 8: INFORMAL PROBATE 1

Case No.____________________

I am another person entitled to inherit the property of the person who died because (explain)

_______________________________________________________________________________

3. I waive and want to give up any right I have to appointment as the Personal Representative of this estate.

4. I consent to the appointment of (name) as

Personal Representative of the estate.

Signature

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by (date)

.

(notary seal) Deputy Clerk or Notary Public

REVISED 09/25/2017

Page 2 of 2

Page 9: INFORMAL PROBATE 1

Person Filing: Address (if not protected):City, State, Zip Code:Telephone:Email Address: Lawyer’s Bar Number:Licensed Fiduciary Number: _____________________________________ Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA IN COCHISE COUNTY

In the Matter of the Estate of: Case No:

WAIVER OF BOND

an Adult a Minor, deceased

THE UNDERSIGNED PERSON STATES AS FOLLOWS:

1. I am: (check one box)

(only if there is no Will) an heir of the decedent's estate without a Will or

(only if there is a Will) person named in the decedent's Will.

2. The person who is applying to be the Personal Representative of the estate

(name)

has estimated that the total value of the estate of the person who died is $ .

3. I waive any and all bond in connection with his or her appointment as Personal Representative. I ask thatthe court not require any bond in this proceeding.

Signature

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by (date)

.

Deputy Clerk or Notary Public

FOR CLERK’S USE ONLY

Page 1 of 1

(notary seal)

REVISED 09/25/2017

Page 10: INFORMAL PROBATE 1

Person Filing:Address (if not protected):City, State, Zip Code:Telephone:Email Address: Lawyer’s Bar Number:Licensed Fiduciary Number: ____________________________________ Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA IN COCHISE COUNTY

In the Matter of the Estate of:

an Adult or a Minor, deceased

Case No:

APPLICATION FOR INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE (Person Died Without a Will - "Intestate Estate")

OR

APPLICATION FOR INFORMAL PROBATE OF WILL and FOR INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE (Person Died With a Will - "Testate Estate")

1. This is an application for: (check one box)

Informal Appointment of Personal Representative because the person died without a Will ("Intestate Estate")

OR

Informal Probate of Will and for Informal Appointment of Personal Representativebecause the person died with a Will (“Testate Estate").

2. I live in (County) (State), and I am entitled to file this Application under A.R.S. 14-3301 because I am: (check the box that applies)

The surviving spouse of the person who died;

An adult child of the person who died;

A parent of the person who died;

A brother or sister of the person who died;

(Check the box only if there is not a Will) A person entitled to property of the person who died under

Arizona law;

FOR CLERK’S USE ONLY

REVISED 09/25/2017

Page 1 of 4

Page 11: INFORMAL PROBATE 1

Case No.

(Check the box only if there is a Will) A person who was nominated/named as Personal

Representative by a Will;

At least 45 days have passed since the person died, and I am a creditor.

3. The name of the person who died is: .

This person died on , (date of death) at the age of _____ years.

At the time of death, the person who died lived in the following county and state: .

. and 120 hours or more have passed since the time of death.

4. There is a Will and the original of the Will of the person who died, dated , is filed with this Application.

5. The person who died left behind the following persons who are the surviving spouse, children andothers entitled to take property under Arizona law: (if you need more space, attach a separate page):

Name Age Relationship Address

6. This is the correct county in which to file the probate because the person who died was a resident ofthis county or owned property in this county at the time of death.

7. To the best of my knowledge, (check one box)

no personal representative for the estate has been appointed in this state or elsewhere

OR

a personal representative for the estate has been appointed in this state or elsewhere:

(name of the person)

(name of state)

8. I have OR I have not received a demand for notice from any interested person, and

I am OR I am not aware of any demand for notice by any interested person or any proceedings concerning the person who died, in this state or elsewhere.

REVISED 09/25/2017

Page 2 of 4

Page 12: INFORMAL PROBATE 1

Case No.

9. I believe that the person who died had no Will. (Check the box only if there is not a Will.)

I exercised reasonable diligence, and I am not aware of any unrevoked Will, amendment to a Will, or a trust signed by the person who died that relates to property in this state.

OR

I believe that the Will dated was validly executed and is the last Will of the person who died. I exercised reasonable diligence, and I am not aware of any document that revokes the Will, or any amendment to the Will signed by the person who died.

10. I have priority for appointment as Personal Representative because there is a will and:(Check boxes that apply – if there is a will)

I am named as personal representative in the Will of the person who died;

I am the surviving spouse of the person who died and am named in the Will;

I am another person named in the Will of the person who died;

I am the surviving spouse of the person who died;

I am another person entitled to inherit the property of the person who died because (explain):

11. The names, relationships and addresses of all parties who have a prior or equal right to appointmentunder A.R.S. 14-3203 are (if you need more space, attach a separate page):

Name Relationship Address

12. BOND INFORMATION: (Check one box)

A bond is not required of the Personal Representative under A.R.S. 14-3603 because all the legal heirs have filed written waivers of bond. I request to be appointed Personal Representative to administer the estate without bond,

OR

A bond is not required because the Will waives the bond for the Personal Representative. I request to be appointed Personal Representative to administer the estate without bond,

OR

A bond is required of the Personal Representative under A.R.S. 14-3603 because all the legal heirs have not filed written waivers of bond and my best estimate of the fair market value of all the property owned by the person who died and subject to the probate jurisdiction of the Court is as follows:

REVISED 09/25/2017

Page 3 of 4

Page 13: INFORMAL PROBATE 1

Case No.

Personal Property $

Real Property (less encumbrances) $

Expected annual income of Estate $

TOTAL $

I request to be appointed Personal Representative to administer the estate with a bond as might be required.

13. The time for informal appointment has not expired under A.R.S. 14-3108 because:(check which box is true)

Two years have not passed since the death of the person; OR

Other (Explain) (See a lawyer to help with this, if more than 2 years have passed):

OATH or AFFIRMATION AND VERIFICATION OF APPLICANT

The Applicant states under oath or affirms that the statements in the Application are accurate and complete to the best of his or her knowledge and belief.

Signature of Applicant

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by (date)

.

(notary seal) Deputy Clerk or Notary Public

REVISED 09/25/2017

Page 4 of 4

Page 14: INFORMAL PROBATE 1

Person Filing: Address (if not protected): City, State, Zip Code: Telephone: Email Address: Lawyer’s Bar Number: Licensed Fiduciary Number: Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA IN COCHISE COUNTY

In the Matter of the Estate of Case No.:

NOTICE OF APPLICATION IN INFORMAL PROCEEDING

NOTICE IS GIVEN that (Name of Personal Representative) has filed an informal proceeding relating to this Estate as follows (check one box):

An Application for Appointment of Personal Representative Without a Will (Check the box only if there is no will) OR

An Application for Informal Probate of a Will and for Appointment of Personal Representative (Check the box only if there is a will).

The Probate Registrar will consider the Application on (date and ___________ time Personal Representative will go to court to file the Application) at the office of the Clerk Of the Court, Superior Court of Arizona in Cochise County, at (check one box)

Clerk Of the Superior Court Clerk Of the Superior Court 100 Quality Hill Rd PO Box CK Bisbee, AZ 85603

100 Colonia De Salud Ste 200 Sierra Vista, AZ 85635

DATED: Signature

REVISED 09/25/2017

Page 1 of 1

Print Name

an Adult OR a Minor, deceased

FOR CLERK’S USE ONLY

Page 15: INFORMAL PROBATE 1

Person Filing: Address (if not protected):City, State, Zip Code:Telephone:Email Address: ATLAS Number: Lawyer’s Bar Number:

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA IN COCHISE COUNTY

In the Matter of the Estate of Case Number:

PROOF OF DELIVERY OR MAILING NOTICEOF APPLICATION IN INFORMAL PROCEEDING

____________________________________ an Adult OR a Minor, deceased

1. I delivered or mailed by first class mail, postage prepaid a copy of the Notice of Application in InformalProceeding on (date) according to the requirements of law as follows:

A. To any person who filed a written demand for notice with the court as required by A.R.S. 14-3306.B. To any person who has a prior or equal right to appointment, unless he or she waived notice in

writing and it is filed with this court.

2. I delivered or mailed the Notice of Application in Informal Proceedings to the following people on thefollowing dates:

NAME ADDRESS DATE MAILED OR DELIVERED

Signature Print Name

FOR CLERK’S USE ONLY

REVISED 09/25/2017 Page 1 of 1

Page 16: INFORMAL PROBATE 1

Person Filing: Address (if not protected): City, State, Zip Code: Telephone: Email Address: Lawyer’s Bar Number: Licensed Fiduciary Number: ____________________________________

Representing � Self, without a Lawyer or � Attorney for � Petitioner OR � Respondent

SUPERIOR COURT OF ARIZONA IN COCHISE COUNTY

In the Matter of: Case Number: DECLARATION SUPPORTING PUBLICATION

An Adult A Minor Deceased

UNDER PENALTY OF PERJURY, I STATE THESE FACTS:

1. I am the Petitioner or Applicant and make these statements to show the circumstances why notice byPublication was used, and to show how service by publication was done.

2. Here are the names of people entitled to notice of this matter to whom I gave notice by publication:

Name:

Last Known Address:

Last Date I Tried to Find Person:

Relationship to Protected or Deceased person:

Name:

Last Known Address:

Last Date I Tried to Find Person:

Relationship to Protected or Deceased person:

Name:

Last Known Address:

Last Date I Tried to Find Person:

Relationship to Protected or Deceased person:

Name:

Last Known Address:

Last Date I Tried to Find Person:

Relationship to Protected or Deceased person:

FOR CLERK’S USE ONLY

REVISED 09/25/2017 Page 1 of 2

Page 17: INFORMAL PROBATE 1

Case No.

3. I made a diligent search to find out the residence and whereabouts of all persons entitled to notice butfailed to find any information concerning the residence or whereabouts of one or more of thosepersons.

4. I contacted the persons listed below to find out the location of the persons entitled to notice. (Note:There is no exact minimum number of persons you must contact. It may be more or less than five asrequired to satisfy the Court you have made every reasonable effort to locate every person entitled tonotice.). Attach additional pages as necessary to show all the persons you contacted.

Name of Person Entitled to Notice: Name of Person I Contacted: Address of Person I Contacted:

Name of Person Entitled to Notice: Name of Person I Contacted: Address of Person I Contacted:

Name of Person Entitled to Notice: Name of Person I Contacted: Address of Person I Contacted:

Name of Person Entitled to Notice: Name of Person I Contacted: Address of Person I Contacted:

Name of Person I am Looking for: Name of Person I Contacted: Address of Person I Contacted:

5. ABOUT THE PUBLICATION. NOTICE OF HEARING was published in a newspaper in this County on the following dates.

A. , B. , C. .

PROOF OF PUBLICATION IS ATTACHED. (REQUIRED) (Attach an “Affidavit of Publication” supplied by the newspaper that published the notice.)

By signing this document, I state to the Court, under penalty of perjury that the information presented is true and correct to the best of my knowledge and belief.

Date Signed Petitioner’s Signature

REVISED 09/25/2017

Page 2 of 2

Page 18: INFORMAL PROBATE 1

Person Filing: Address (if not protected): City, State, Zip Code: Telephone: Email Address: Lawyer’s Bar Number: Licensed Fiduciary Number: ____________________________________

Representing � Self, without a Lawyer or � Attorney for � Petitioner OR

� Respondent

SUPERIOR COURT OF ARIZONA IN COCHISE COUNTY

In the Matter of the Estate of:

an Adult or a Minor, deceased

Case No:

STATEMENT OF INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE (Person Died Without a Will - "Intestate Estate")

OR STATEMENT OF INFORMAL PROBATE OF A WILL AND INFORMAL APPOINTMENT OF A PERSONAL REPRESENTATIVE(Person died With a Will – “Testate Estate”)

THE PROBATE REGISTRAR FINDS:

1. An Application for Informal Appointment of a Personal Representative has been submitted by, requesting the following:

(Check the box only if there is no Will) The appointment of as the Personal Representative to administer the estate of the person who died without a Will, (Check the box only if there is a Will) The admission to probate of the Will of the person who died dated , (Check the box only if there is a Will) The appointment of as the Personal Representative to administer the estate of the person who died with a Will.

2. The Probate Registrar has found compliance with A.R.S. 14-3303 and is satisfied that the Will is entitled to probate. The Probate Registrar has found compliance with A.R.S. 14-3308 and is satisfied that the person named below is entitled to appointment as Personal Representative under Arizona law.

THEREFORE:1. (Name) , is appointed as Personal Representative of the

estate of the person who died.2. (Check the box only if there is a Will) The Will of the person who died, dated

is admitted to informal probate. 3. No bond is required OR the Personal Representative shall post a bond in the amount of

$ with this Court. Letters will be issued to the Personal Representative upon accepting and posting a bond (if required).

4. The Personal Representative shall immediately notify the Court in these proceedings of any change in his orher address and shall be responsible for the costs resulting from his or her failure to do so.

DATED: Probate Registrar

FOR CLERK’S USE ONLY

REVISED 09/25/2017

Page 1 of 1

Page 19: INFORMAL PROBATE 1

Person Filing:Address (if not protected):City, State, Zip Code:Telephone:Email Address: Lawyer’s Bar Number:Licensed Fiduciary Number: ______________________________________

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA IN COCHISE COUNTY

In the Matter of the Estate of:

an Adult OR a Minor, deceased

Case No.:

LETTERS OF APPOINTMENT OF PERSONAL REPRESENTATIVE AND ACCEPTANCE OF APPOINTMENT AS PERSONAL REPRESENTATIVE

LETTERS OF PERSONAL REPRESENTATIVE

(name) is appointed as Personal Representative of this Estate without restriction except as follows:

WITNESS: (date) Amy J. HunleyClerk of the Superior Court

By Deputy Clerk

ACCEPTANCE OF APPOINTMENT

I accept the duties of Personal Representative of the Estate of the above-named person who has died and do solemnly swear or affirm that I will perform the duties as Personal Representative according to law.

DATED: Signature of Personal Representative

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by (date)

.

FOR CLERK’S USE ONLY

(notary seal)

REVISED 03/14/2019

Deputy Clerk or Notary Public

Page 1 of 1

Page 20: INFORMAL PROBATE 1

Person Filing: Address (if not protected): City, State, Zip Code: Telephone: Email Address: Lawyer’s Bar Number: Licensed Fiduciary Number: ____________________________________ Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA IN COCHISE COUNTY

In the Matter of the Estate of: Case Number:

ORDER TO PERSONAL REPRESENTATIVE AND ACKNOWLEDGMENT AND INFORMATION TO HEIRS/DEVISEESA deceased Adult OR Minor

The best interest of this estate is of great concern to this Court. As Personal Representative, you are subject to the power of the Court. Therefore, to help avoid problems and to assist you in your duties, this Order is entered. You are required to be guided by this Order and to obey it.

This Court will not review or supervise your actions as Personal Representative unless an interested party files a written request to the Court. In Arizona, if you are a beneficiary of an estate, you are expected to protect your own interests in the estate. The Personal Representative is required to provide sufficient information to the beneficiary to permit the beneficiary to protect his or her interests. The Court may hold a Personal Representative personally liable and responsible for any damage or loss to the estate resulting from a violation of the Personal Representative’s duties. The following is an outline of some of your duties as Personal Representative:

DUTIES OF THE PERSONAL REPRESENTATIVE: The duties of the PersonalRepresentative are found in Chapter 3, Title 14 of the Arizona Revised Statutes (from now on called “A.R.S.”). You are responsible for knowing and doing your duties according to these statutes. Some of the duties are as follows:

1. GATHER, CONTROL AND MANAGE ESTATE ASSETS. As Personal Representativeyou have the duty to gather and control all assets that belonged to the decedent (the person who hasdied) at the time of his or her death. After the valid debts and expenses are paid, you have the duty todistribute any remaining assets according to the decedent’s Will or, if there is no Will, to the intestateheirs of the decedent. As Personal Representative, you have the authority to manage the estate assets,but you must manage the estate assets for the benefit of those interested in the estate.

2. FIDUCIARY DUTIES. As Personal Representative you are a fiduciary. This means you have alegal duty of fairness and impartiality to the beneficiaries and the creditors of the estate. You must becautious and prudent in dealing with estate assets. As Personal Representative, the estate assets donot belong to you and must never be used for your benefit or mixed with your assets or anyone else’sassets. Arizona law prohibits a Personal Representative from participating in transactions that are aconflict of interest between you, as Personal Representative, and you as an individual. Other thanreceiving reasonable compensation for your services as Personal Representative, you may not profitfrom dealing with estate assets.

FOR CLERK’S USE ONLY

REVISED 5/14/2020 Page 1 of 5

Page 21: INFORMAL PROBATE 1

Case No.

3. PROVIDE NOTICE OF APPOINTMENT. Within 30 (thirty) days after your Appointment as Personal Representative are issued, you must mail notice of your appointment to the Arizona Department of Revenue and to the heirs and devisees whose addresses are reasonably available to you. If your appointment is made in a formal proceeding, you need not give notice to those persons previously noticed of a formal appointment proceeding. See A.R.S. §14-3705.

4. PROVIDE NOTICE OF ADMISSION OF WILL TO PROBATE. Within 30 days of the admission of the Will to informal probate, you must give written notice to all heirs and devisees of the admission of the Will to probate, together with a copy of the Will. You must notify the heirs and devisees that they have four (4) months from receipt of the Notice to start a formal testacy proceeding if the heir or devisee wishes to contest the probate. See A.R.S. §14-3306.

5. MAIL COPIES of this ORDER TO PERSONAL REPRESENTATIVE. WITHIN 30 DAYS AFTER YOUR LETTERS OF PERSONAL REPRESENTATIVE ARE ISSUED, YOU MUST MAIL A COPY OF THIS ORDER TO PERSONAL REPRESENTATIVE AND ACKNOWLEDGMENT AND INFORMATION TO HEIRS/DEVISEES, to all the heirs or devisees of the estate and to any other persons who have filed a demand for notice. See A.R.S. §14-3705.

6. FILE PROOF OF COMPLIANCE. Within 45 days after your Letters of Appointment as Personal Representative are issued, you must file with the Court a notarized statement swearing or affirming that a copy of this Order was mailed to each devisee, to each heir in intestate (no will) estates and to any other persons who have filed a demand for notice.

7. PUBLISH NOTICE. Unless a predecessor personal representative already has fulfilled this duty or you were appointed more than two years after the decedent’s date of death, you must publish a notice once a week for three (3) consecutive weeks in ______________ County in a newspaper of general circulation that announces your appointment as Personal Representative and tells creditors of the estate that, unless they present their claims against the estate within the prescribed time limit, the claims will not be paid. In addition, you must mail a similar notice to all persons you know are creditors of the estate. See A.R.S. § 14-3801.

8. PROTECT ASSETS. You must immediately find, identify, and take possession of all the estate assets and make proper arrangements to protect them. See A.R.S. §14-3709. All property must be re-titled to show ownership in the name of the estate - such as “Estate of (decedent’s name), by (your name) as Personal Representative.” Do not put the estate assets into your name, anyone else’s name, joint accounts, trust accounts (“in trust for”), or payable on death (“POD”) accounts. Do not list yourself or any other person as joint owner or beneficiary on any bank accounts or other assets belonging to the estate. Do not mix any estate assets with your own assets or anyone else’s assets.If your authority as Personal Representative has been limited by the Court, you must promptly protect the estate assets as ordered, and file a Proof of Restricted Assets with the Court. You may not sell, encumber, distribute, withdraw or otherwise transfer restricted assets without first obtaining permission from the Court.

9. DETERMINE STATUTORY ALLOWANCES. It is your responsibility to determine whether any individuals are entitled to statutory allowances under A.R.S. §14-2402, 2403, and 2404. Statutory allowances include a homestead allowance, exempt property allowance, and a family allowance.

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10. INVENTORY ASSETS. Unless a predecessor personal representative already has fulfilled this duty, within 90 days after your Letters of Appointment as Personal Representative are issued, you must prepare an inventory or list of the decedent's probate assets and their values as of the date of death. See A.R.S. § 14-3706. The inventory must be either (1) filed with the Court and mailed to all interested persons who request it, or (2) not filed with the Court, but mailed or delivered to: (a) each of the heirs if the decedent died intestate or to each of the devisees if the decedent’s will was admitted to probate; and(b) to any other interested person who requests a copy of the inventory.

11. STANDARD OF CARE. In administering estate assets, you must observe the standards of care applicable to a trustee, including the prudent investor rules. See A.R.S. §§14-10801 et. seq. and 14-10901 et seq.

12. KEEP DETAILED RECORDS. You must keep detailed records of all receipts and expenses of the estate. You are required to provide an account of your administration of the estate to all persons affected by the administration. See A.R.S. §14-3933.

13. PAY VALID DEBTS AND EXPENSES. You must determine which claims and expenses of the estate are valid and should be paid. You must provide to any creditor whose claims are not allowed prompt written notification that they will not be paid or will not be paid in full. See A.R.S. §14-3806. To the extent there are enough assets in the estate, you are responsible for the payment of any estate debts and/or expenses you know about or can find out about. If there are not enough estate assets to pay all debts and expenses, you must determine which debts and expenses should be paid according to the law. See A.R.S. §14-3805. You may be personally liable if you pay a debt or expense that should not be paid.

14. PAY TAXES. It is your responsibility to determine that all taxes are paid and that all tax returns for the decedent and the estate are prepared and filed.

15. DISTRIBUTE REMAINING ASSETS. After payment of all debts and expenses of the estate, you must distribute estate assets as directed in the Will or, if there is not a Will, to the intestate heirs. If there are not enough assets in the estate to make the gifts as set forth in the Will, it is your responsibility to determine how the distributions should be made as required by law. See A.R.S. §§14-3902 and 14-3907. You may be personally liable if you make an improper distribution of estate assets.

16. CHANGE OF ADDRESS. Until the probate is closed and you are discharged as Personal Representative, you must notify the Court in writing if you change your home or mailing address.

17. PAYMENT AS PERSONAL REPRESENTATIVE. As Personal Representative, you are entitled to reasonable compensation. See A.R.S. §14-3719. Arizona statutes do not designate percentage fees for your work or say how much a Personal Representative should be paid. You must keep receipts to prove out-of-pocket expenses. In determining whether a fee is reasonable, the Court will consider the following factors:

a. The time required (as supported by detailed time records), the novelty and difficulty of the issues involved, and the skill required to do the service properly;

b. The likelihood that your acceptance as Personal Representative will preclude other employment;

c. The fee normally charged in the area for similar services; (continues on next page)

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d. The nature and value of estate assets, the income earned by the estate, and the responsibilitiesand potential liability assumed by you as Personal Representative;

e. The results obtained for the estate;f. The time limitations imposed by the circumstances;g. The experience, reputation, diligence and ability of the person performing the services;h. The reasonableness of the time spent and service performed under the circumstances; and,i. Any other relevant factors.

18. COURT INVOLVEMENT. Usually, to reduce estate expenses, estates are administered and estate claims and expenses are paid, including the fees to the attorney and Personal Representative, with little Court involvement. The Court does not supervise informal probates or the conduct of a Personal Representative. However, if any interested party believes that the estate has not been properly handled or that the fees charged by the attorney or Personal Representative are not reasonable under the circumstances, that party may request that the Court review the accounting for the Personal Representative’s administration of the estate. Any additional Court involvement may result in additional delay and expenses. If appropriate, the Court may assess the additional expense against the estate or the non-prevailing party.

19. CLOSE THE ESTATE. After you have administered the estate and all the assets of the estate have been distributed, the estate must be closed, either formally or informally. In an informal closing, a copy of the Closing Statement is filed with the Court and must be sent to all persons receiving a distribution from the estate. See A.R.S. §14-3933. For a formal closing, see A.R.S. §§14-3931 and 14-3932. Usually, the estate should be completely administered and closed within two (2) years of the initial appointment of the Personal Representative.

This is only a general outline of some of your duties as Personal Representative. This Order does not describe all of your duties and is not a substitute for obtaining professional legal advice. This is a general outline of your duties only. If you have any questions as Personal Representative, before taking any action you should contact an attorney who handles probate estates to find out what to do.

WARNING. Failure to obey a Court Order and the statutory provisions relating to this estate may result in your removal as Personal Representative and other penalties. In some circumstances,

you may be held in contempt of court, punished by confinement in jail, fine or both. In addition, if you violate any of your fiduciary duties, you could be held personally liable for any losses for

which you are responsible.

DATED: this ___ day of _______________, 20___.

Judge / Special Commissioner Superior Court of Arizona in Cochise County

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In the matter of the estate of : Name of the deceased

ACKNOWLEDGMENT OF ORDER TO PERSONAL REPRESENTATIVE AND INFORMATION TO HEIRS/DEVISEES

I, the undersigned, acknowledge receiving a copy of this order and agree to be bound by its provisions, whether or not read before signing, as long as I am Personal Representative.

Date Signed Signature of Personal Representative

Printed Name

Date Signed Signature of Personal Representative

Printed Name

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INFORMAL PROBATE

2

Application for Appointment as Personal Representative

Part 2: The Appointment, Notice of Appointment, Inventory and Appraisement

(Forms)

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Person Filing:Address (if not protected):City, State, Zip Code:Telephone:Email Address: Lawyer’s Bar Number:Licensed Fiduciary Number: ____________________________________

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA COCHISE COUNTY

In the Matter of the Estate of: Case Number :

NOTICE OF:

INFORMAL APPOINTMENT OF PERSONALREPRESENTATIVE

an Adult or a Minor, deceased (Person died without a Will - "Intestate Estate"), OR

INFORMAL PROBATE OF A WILL AND INFORMAL APPOINTMENT OF A PERSONAL REPRESENTATIVEAND ADMISSION OF WILL (Person diedwith a Will – “Testate Estate”)

1. This Notice is being sent to those persons who have, or may have, some interest in the Estate of the personnamed in the court caption above, who died on (date).

2. MY NAME AND ADDRESS:

My name is:

My address is:

3. DOCUMENT FILED: On I filed the following document with the court: (Month/Day/Year)

Application for Informal Appointment of Personal Representative because the person died without a Will - "intestate estate," OR

Application for Informal Probate of Will and For Informal Appointment of Personal Representative because the person died with a Will -- "testate estate"

FOR CLERK’S USE ONLY

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4. APPOINTMENT AS PERSONAL REPRESENTATIVE. On (date) the Probate Registrar appointed (name) as Personal Representative of the Estate of the person who died.

5. BOND: No bond is required or a bond in the amount of $ is required which has been filed with the court.

6. LOCATION OF PAPERS: Papers relating to the Estate are on file with the Court at the addresschecked below, and are available for your inspection.

Clerk of the Superior Cout100 Quality Hill Rd Bisbee, AZ 85603

Clerk Of the Superior Court100 Colonia De Sauld Ste 200 Sierra Vista, AZ 85635

7. COPY OF WILL. (Only if there is a Will) A copy of the Will is attached to this notice for you. You have 4months from the date you receive this Notice to begin a formal probate case.

DATED: (Month/Day/Year)

Signature

Print Name

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Person Filing: Address (if not protected):City, State, Zip Code:Telephone:Email Address: Lawyer’s Bar Number:Licensed Fiduciary Number: _____________________________________

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA COCHISE COUNTY

In the Matter of the Estate of: Case Number:

PROOF OF DELIVERY OR MAIL OF: NOTICE INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE

an Adult or a Minor, deceased ADMISSION OF WILL TO PROBATEORDER TO PERSONAL REPRESENTATIVE

STATE OF ARIZONA ) COUNTY OF COCHISE ) ss.

1. DOCUMENT: I delivered or mailed by first class mail, postage prepaid a copy of the following document:(Check one box)

(If no Will exists) NOTICE OF INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE and separate ORDER TO PERSONAL REPRESENTATIVE (Person died without a Will - "Intestate Estate"), OR

(If a Will exists) NOTICE OF ADMISSION OF A WILL AND INFORMAL APPOINTMENT OF A PERSONAL REPRESENTATIVE and separate ORDER TO PERSONAL REPRESENTATIVE (person died with a Will – “Testate Estate”).

2. PERSONS. I mailed or delivered the document to the following persons entitled to notice of this case.(if you need more room, attach a sheet of paper):

NAME ADDRESS DATE MAILED OR DELIVERED

Signature Print Name

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by (date)

.

Deputy Clerk or Notary Public

FOR CLERK’S USE ONLY

(notary seal)

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Person Filing: Address (if not protected):City, State, Zip Code:Telephone:Email Address: Lawyer’s Bar Number:Licensed Fiduciary Number: ____________________________________ Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA COCHISE COUNTY

In the Matter of the Estate of: Case Number:

NOTICE TO CREDITORS OF INFORMALAPPOINTMENT OF PERSONAL

an Adult or a Minor, deceased REPRESENTATIVE AND/OR INFORMAL PROBATE OF A WILL

NOTICE IS GIVEN THAT:

1. PERSONAL REPRESENTATIVE: (name)has been appointed Personal Representative of this Estate on (date).Address:

2. DEADLINE TO MAKE CLAIMS. All persons having claims against the Estate are required to presenttheir claims within four months after the date of the first publication of this Notice or the claims will be forever barred.

3. NOTICE OF CLAIMS: Claims must be presented by delivering or mailing a written statement of the claimto the Personal Representative at (address)

4. NOTICE OF APPOINTMENT. A copy of the Notice of Appointment is attached to the copies of thisdocument mailed to all known creditors.

DATED:Personal Representative

Print Name

FOR CLERK’S USE ONLY

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Print Name

Print Address

Month/Day/Year

Name of Newspaper

Address

RE: Case Number

To Whom It May Concern:

Enclosed is a court file-stamped copy of the Notice to Creditors in the above matter. In accordance with A.R.S. §14-3801, please publish this Notice in your newspaper once a week for three weeks in a row.

Enclosed is a check or money order in the amount of $ for the cost of the publication.

Upon receipt of this letter, please call me at to tell me when the first publication will occur. When all three weeks of publication have been completed, please file the original Affidavit of Publication with the Court and send me one copy.

Thank for your help in this matter.

Yours truly,

Sign Your Name

Enclose: Copy of Notice to Creditors Check or Money Order (call newspaper ahead of time to find out what the charge is)

FOR CLERK’S USE ONLY

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Person Filing: Address (if not protected):City, State, Zip Code:Telephone:Email Address: Lawyer’s Bar Number:Licensed Fiduciary Number: _____________________________________ Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA IN COCHISE COUNTY

In the Matter of the Estate of:

an Adult or a Minor, deceased

Case Number:

PROOF OF DELIVERY OR MAILING OR PUBLISHING NOTICE TO CREDITORS OF INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE AND/OR INFORMAL PROBATE OF A WILL

UNDER PENALTY OF PERJURY

1. NOTICE. I delivered or mailed by first class mail, postage prepaid a copy of the Notice to Creditors to thefollowing known creditors entitled to such notice (if you need more room, attach a sheet of paper):

NAME ADDRESS DATE MAILED or DELIVERED

2. PUBLICATION. The Notice to Creditors was published in the following newspaper on the following dates.The Affidavit of Publication is filed separately.

Name of newspaper:

Dates of publication: A. / / , B. / / , C. / / .

Signature Print Name

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by (date)

.

Deputy Clerk or Notary Public

FOR CLERK’S USE ONLY

(notary seal)

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Person Filing:Address (if not protected):City, State, Zip Code:Telephone:Email Address: Lawyer’s Bar Number:Licensed Fiduciary Number: ____________________________________ Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA IN COCHISE COUNTY

In the Matter of:

A Deceased Person

Case Number:

INVENTORY AND APPRAISEMENT AND PROOF OF MAILING

I am the Personal Representative for the decedent, the person who died, and I state under oath or affirm as follows:

1. TRUE AND CORRECT STATEMENT. The following inventory of property is a true and correctstatement of all the property known to me to be owned by the person who died at his or her death.

2. TOTAL ESTIMATED VALUE. The total estimated value of all real and personal property in the estate,as supported by the following itemization of property, is $

3. DESCRIPTION OF PROPERTY AND DEBT. This document accurately describes each item ofproperty, estimates the fair market value of the property as of the date of the decedent’s death, describesthe nature of the property as community or separate property, and itemizes the type and amount of all debts,mortgages, or liens relating to each item of property.

4. NOTICE TO OTHER PARTIES. A copy of this document was hand-delivered or mailed by first classmail, postage prepaid, to the following persons: (Attach additional paper if necessary.)

Name Address Relationship to Person who Died

Date Mailed or Delivered

Date Signature

FOR CLERK’S USE ONLY

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STATE OF ____________________________________

COUNTY OF __________________________________

Subscribed and sworn to or affirmed before me this: _______________________________________________ by (date)__________________________________________________________.

_______________________________(notary seal) Deputy Clerk or Notary Public

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INVENTORY AND APPRAISEMENT OF PROPERTY IN ESTATE(use additional sheets of paper if necessary)

Inventory date:

REAL PROPERTY A. GENERAL INFORMATION:

Property Description and Address

Community OR Separate Property

Estimated Value in Dollars

Dollars of Debt

1.

2.

3.

4.

5.

6.

7.

8.

Total estimated fair market value of real property: $

Total estimated debt on real property: $

B. INFORMATION ABOUT REAL PROPERTY ITEMS LISTED ABOVE THAT WEREAPPRAISED:

Name Address Item Number Above

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PERSONAL PROPERTYA. GENERAL INFORMATION:

Property Description Community OR Separate Property

Estimated Value in Dollars

Dollars of Debt

1.

2.

3.

4.

5.

6.

7.

8.

9.

Total estimated fair market value of personal property: $

Total estimated debt on personal property: $

B. INFORMATION ABOUT PERSONAL PROPERTY ITEMS LISTED ABOVE THAT WEREAPPRAISED:

Name Address Item Number Above

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3

Administering and Accounting as Personal Representative Before Closing the Estate

(Forms)

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Person Filing: Address (if not protected):City, State, Zip Code:Telephone:Email Address: Lawyer’s Bar Number:Licensed Fiduciary Number: ____________________________________

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA COCHISE COUNTY

In the Matter of the Estate of: Case Number:

INSTRUMENT OR DEED OF DISTRIBUTION

an Adult a Minor, deceased

I was appointed Personal Representative of the Estate in this case on (date) to distribute the property of the Estate as required by Title 14 of the Arizona Revised Statutes. I hereby assign, transfer and release all right, title and interest to the following property to the following person(s):

1. PERSONS TO WHOM PROPERTY FROM THE ESTATE WAS GIVEN andDESCRIPTION OF PROPERTY:

Name Address Legal Description

2. MONEY STILL OWED ON PROPERTY. Distribution of the property is subject to the followingliability: (If this applies to your case, describe the property, the amount of money still owed on the property,why the property has not been paid for before or in connection with distribution and the closing of the estate,and arrangements that have been made to accommodate outstanding liability; otherwise, write “none”)

Property Description:

Money Owed on Property:

Reasons Money Owed:

Arrangements to Pay:

FOR CLERK’S USE ONLY

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Property Description:

Money Owed on Property:

Reasons Money Owed:

Arrangements to Pay:

Property Description:

Money Owed on Property:

Reasons Money Owed:

Arrangements to Pay:

Personal Representative

Print name

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by (date)

.

(notary seal) Deputy Clerk or Notary Public

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Person Filing:Address (if not protected):City, State, Zip Code:Telephone:Email Address: Lawyer’s Bar Number:Licensed Fiduciary Number: ____________________________________

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA COCHISE COUNTY

In the Matter of: Case Number:

PETITION FOR APPROVAL OF FINAL ACCOUNTING

AND/OR FEE STATEMENT A Deceased Person

State of Arizona ) County of Cochise ) ss.

THE PETITIONER STATES UNDER OATH AS FOLLOWS:

INSTRUCTIONS: For approval of accounting, put a check mark in boxes 1, 2 and complete number 1:

1. This is the final accounting for this estate, and this accounting covers the period from (date) to (date).

2. Attached is a correct statement of all financial dealings I had as Personal Representative of the Estate. The summary of all financial transactions are fully described, itemized, and summarized on the attached pages. I request that the Court enter an order approving this final accounting. (Be sure to attach the accounting.)

INSTRUCTIONS: For approvals of fee statements, put a check mark in box number 3:

3. Attached is a copy of the Fee Statement for which I request approval too. (If you check this, attach the Fee Statement.)

SIGNED

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by (date)

.

(notary seal) Deputy Clerk or Notary Public

FOR CLERK’S USE ONLY

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Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

Lawyer’s Bar Number:

Licensed Fiduciary Number: ____________________________________

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA IN COCHISE COUNTY

PROBATE/MENTAL HEALTH DEPARTMENT

FORM FOR SUBMISSION OF FINAL ACCOUNTING for Informal Probates

IN THE MATTER OF THE ESTATE OF:

Case No.

TODAY’S DATE:

INSTRUCTIONS. This form is provided for you to summarize the financial transactions. AccountingGuidelines are also included in this packet to help you complete this form. Attach this form to the Petition for Approval of the Final Account.

1. This is the final accounting for this estate. This accounting covers the time period from(date) to (date).

2. The current amount of the bond is . It should be increased to $ , or decreased to $ to cover the unrestricted assets plus the unrestricted income.

FOR CLERK’S USE ONLY

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ACCOUNT SUMMARY

INSTRUCTIONS: Complete Lists A-F first, then enter the total from each list on this summary.

A The beginning balance of the Decedent’s account from LIST A, page 3 $

B. PLUS the money I received during this period of timeon behalf of the Decedent (Person who Died)

from LIST B, page 4 + $

C. PLUS the gains on the value of property I sold or otherwisedisposed of and other adjustments

as itemized in LIST C, page 5 + $

D. MINUS the money I have spent during this time period

as itemized in LIST D, page 6 - $

E. MINUS the losses on the value of property I sold orotherwise disposed of and other reductions, as itemized

in LIST E, page 7 - $

F. EQUALS the ending balance of the property of theDecedent as itemized

in LIST F, page 8 (Total) = $

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LIST A-- BEGINNING BALANCE Itemization of assets of Decedent at the beginning of this account period

(Add, as many sheets of paper as necessary to describe)

Description Value List all checking accounts, savings accounts, money market accounts: (include name of bank, address, account type, name account is under, account number)

List all stocks, bonds, mutual funds: (include company name, address, number of shares, value per unit)

List all Life Insurance Policies: (include company name, policy number, cash value)

List all personal property: Automobiles: (year, make, model) Household property: (total inventory value) Art or jewelry: (attach separate list and describe) Other: (itemize and assign value

List all real property:

ENTER TOTAL FROM LIST A HERE AND ON PAGE 2, LINE A $

Note: If the estate owes debts on any of the property listed above, then for each debt also indicate the payee, principal balance, interest rate, payoff date.

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LIST B--MONEY RECEIVED DURING THIS ACCOUNT PERIOD (Add, as many sheets of paper as necessary to describe)

DATE PAYER DESCRIPTION AMOUNT $$

TOTAL (ENTER AMOUNT HERE AND AT LINE B ON PAGE 2) $____________________

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LIST C-- SCHEDULE OF GAINS Property of the Decedent that was sold or otherwise disposed of

during this account period and other adjustments. (Add, as many sheets of paper as necessary to describe)

DATE PURCHASER DESCRIPTION AMT $$ GAINED

TOTAL (ENTER AMOUNT HERE AND AT LINE C ON PAGE 2) $_____________________

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LIST D--MONEY SPENT On behalf of the Decedent during this account period (Add, as many sheets of paper as necessary to describe)

DATE PAYEE PURPOSE AMOUNT $$ SPENT

TOTAL (ENTER AMOUNT HERE AND AT LINE D ON PAGE 2) $_____________________

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LIST E--SCHEDULE OF LOSSES Losses on the value of property sold or otherwise disposed of,

and other reductions in the value of the estate during this account period (Add, as many sheets of paper as necessary to describe)

DATE PAYEE DESCRIPTION AMNT $$ LOST

TOTAL (ENTER AMOUNT HERE AND AT LINE E ON PAGE 2) $__________________

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LIST F--VALUE OF THE DECEDENT’S PROPERTY AS OF THE END OF THIS ACCOUNT PERIOD

Itemization of assets of the Decedent at the end of this account period (Add, as many sheets of paper as necessary to describe)

Description Value

List all checking accounts, savings accounts, money market accounts: (include name of bank, address, account type, name account is under, account number)

List all stocks, bonds, mutual funds: (include company name, address, number of shares, value per unit)

List all Life Insurance Policies: (include company name, policy number, cash value)

List all personal property: Automobiles: (year, make, model) Household property: (total inventory value) Art or jewelry: (attach separate list and describe) Other: (itemize and assign value

List all real property:

ENTER TOTAL FROM LIST F HERE AND ON PAGE 2, LINE F $____________________

Note: If the estate owes debts on any of the property listed above, then for each debt also indicate the payee, principal balance, interest rate, payoff date.

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Person Filing: Address (if not protected): City, State, Zip Code: Telephone: Email Address: Lawyer’s Bar Number: Licensed Fiduciary Number: ____________________________________ Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA COCHISE COUNTY

In the Matter of the: Case Number: FEE STATEMENT AND PROOF OF MAILING

A Deceased Person

INSTRUCTIONS: This document must be completed in all cases where fees are charged. All activities for which fees are charged must be specifically listed, such as telephone calls, meetings, staff meetings, conferences,

document preparation, work in house or files, personal visits, trips, and so forth.

STATEMENT OF FEES FOR SERVICES: The following is a statement of fees for services renderedfrom (date) to (date):

DATE DESCRIPTION AND SERVICE PROVIDER TIME

x $ per hour = $ TOTAL CHARGE

FOR CLERK’S USE ONLY

NUMBER OF HOURS BILLED: Total number of hours billed is

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PROOF OF MAILING: A copy of this management plan was mailed or delivered to the following persons:

NAME ADDRESS

Today’s Date:

Your Signature:

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Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

Lawyer’s Bar Number:

Licensed Fiduciary Number: ____________________________________

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA COCHISE COUNTY

In the Matter of:

A Deceased Person

Case Number:

ORDER REGARDING PETITION FOR APPROVAL OF FINAL ACCOUNTING and FEE STATEMENT (if applicable)

NOTICE: This is an important court order that could affect your legal rights. Read it carefully. If you do notunderstand it, consult an attorney for legal advice.

FINDINGS OF THE COURT:

1. PETITION FILED. A Petition for Approval of Final Accounting was filed by the Personal Representativeof the Estate.

2. NOTICE. Notice of the Petition was given as required by law or waived by all interested persons or other:

3. PETITION REVIEWED. The Petition for Approval has been reviewed by the Court Accountant and bythe Court.

IT IS ORDERED:

1. The Accounting is approved as submitted

OR

FOR CLERK’S USE ONLY

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The Accounting is approved but with the following provisions:

OR

The Accounting is not approved. The Personal Representative shall file with the court a written Response to the Court Accountant’s Report, provide a copy of the Response to the Court Accountant and to all persons entitled to notice of the Final Accounting, and shall address each and every recommendation of the Court Accountant by (date). If additional documentation or amended schedules are required by the Court Accountant, they shall be attached to the Personal Representative’s Response. The Personal Representative shall include a self-addressed, stamped envelope to the Court Accountant with the Response. Failure of the Personal Representative to fully address the Court Accountant’s recommendations will result in the court setting a hearing date at which time the Personal Representative will be required to appear in court to explain the accounting. The court may also order the Personal Representative to personally bear additional expenses incurred in resolving the accounting issues.

2. The fee statement is approved and fees are allowed in the amount of $

OR

The fee statement is not approved and the Personal Representative is ordered to do the following things:

DONE IN OPEN COURT:JUDICIAL OFFICER OF THE SUPERIOR COURT

Page 2 of 2

REVISED 09/25/2017

Page 51: INFORMAL PROBATE 1

Person Filing: Address (if not protected): City, State, Zip Code: Telephone: Email Address: Lawyer’s Bar Number: Licensed Fiduciary Number: ____________________________________ Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA COCHISE COUNTY

In the Matter of: Case Number:

NOTICE OF NON APPEARANCE HEARING REGARDING FINAL ACCOUNTING

A Deceased Person.

READ THIS NOTICE CAREFULLY. An important court proceeding that affects your rights hasbeen scheduled. If you do not understand this Notice or the other court papers, contact an attorney for legal advice.

1. NOTICE IS GIVEN that the Personal Representative has filed with the Court the following Petition andother court papers (List the title of the Petition and the titles of all papers you filed with the court):

1.2.3.4.5.

2. COURT HEARING. A non-appearance court hearing has been scheduled to consider the Petition andmatters in the court papers as follows:

DATE AND TIME:

PLACE:

JUDICIAL OFFICER:

3. RESPONSE TO PETITION. This is a non-appearance hearing. You do not need to come to thehearing unless you disagree with the Petition. If you want the judge to know why you disagree with thePetition, you should come to the hearing and state your objection. You can also file a written objection atleast 10 days prior to the hearing.

DATED: (Month/Day/Year) Personal Representative’s Signature

FOR CLERK’S USE ONLY

REVISED 09/25/2017 Page 1 of 1

Page 52: INFORMAL PROBATE 1

Person Filing: Address (if not protected):City, State, Zip Code:Telephone:Email Address: Lawyer’s Bar Number:Licensed Fiduciary Number: ____________________________________ Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA COCHISE COUNTY

In the Matter of: Case Number :

RESPONSE TO COURT ACCOUNTANT REPORT FINAL ACCOUNTING OF PERSONAL REPRESENTATIVEA Deceased Person

State of Arizona ) County of Cochise ) ss.

I am the person responsible for submitting the accounting. I respond under oath to the court accountant report as follows: (Be sure to address each point raised by the court accountant or the judge in the Order. Attach an amended accounting and supporting documents, if required. Do not attach bond, bond riders, or proof of restricted account -- file these separately. Use additional paper if necessary.)

SIGNED:

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by (date)

.

(notary seal) Deputy Clerk or Notary Public

Copy of the foregoing mailed this date: , to the following individuals at the following addresses:

FOR CLERK’S USE ONLY

Page 1 of 1

REVISED 09/25/2017

Page 53: INFORMAL PROBATE 1

Person Filing:Address (if not protected):City, State, Zip Code:Telephone:Email Address: Lawyer’s Bar Number:Licensed Fiduciary Number: _____________________________________ Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA COCHISE COUNTY

In the Matter of: Case Number:

WAIVER OF NOTICE OF HEARING ON PETITION FOR FINAL ACCOUNTING

) ) ss

A Deceased Person

STATE OF ARIZONA COUNTY OF COCHISE

I state under oath as follows:

1. RECEIVED COURT PAPERS. I have received and read a copy of the following Petition and othercourt papers: (Check the box next to the documents you received.)A.B.C.D.E.F.

2. RELATIONSHIP. My relationship to the person who died and is named in the caption above is (explain):

3. WAIVE NOTICE. I waive all notice of any hearing or court proceeding in connection with this matter. Iunderstand that I can reverse this waiver by filing a written document with the court under this court casenumber declaring that I no longer waive notice of hearings and other court proceedings.

Signature STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by (date)

.

(notary seal) Deputy Clerk or Notary Public

FOR CLERK’S USE ONLY

Page 1 of 1

REVISED 09/25/2017

Page 54: INFORMAL PROBATE 1

Person Filing: Address (if not protected):City, State, Zip Code:Telephone:Email Address: Lawyer’s Bar Number:Licensed Fiduciary Number: _____________________________________

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA COCHISE COUNTY

In the Matter of (check one or both) Case Number:

PROOF OF NOTICE OF HEARING

A Deceased Person

STATE OF ARIZONA ) County of Cochise ) ss.

I state under oath the following: 1. DOCUMENTS PROVIDED: I provided copies of the following court documents. List specifically each

court document you provided. Be sure you provided and you list the NOTICE OF HEARING:

1.2.3.4.5.

2. TO WHOM I GAVE NOTICE: These are the people to whom I gave copies of all the documents listedin Number 1 above. State the relationship between the person who died and the person you gave thecopies to. (Use extra paper if necessary.)

A. Name:

B. Relationship to person:

C. Date I gave the documents:

D. How I gave the documents -- check at least one box and complete the information:Personal service (File affidavit of acceptance or of process server or sheriff) 1st class mail, postage prepaid Certified mail Registered mail (attach green card to this paper) Hand delivery by (name)

A. Name:

B. Relationship to person:

FOR CLERK’S USE ONLY

REVISED 09/26/2017 Page 1 of 2

Page 55: INFORMAL PROBATE 1

Case No.

C. Date I gave the documents:

D. How I gave the documents -- check at least one box and complete the information:Personal service (File affidavit of acceptance or of process server or sheriff) 1st class mail, postage prepaid Certified mail Registered mail (attach green card to this paper) Hand delivery by (name)

A. Name:

B. Relationship to person:

C. Date I gave the documents:

D. How I gave the documents -- check at least one box and complete the information:Personal service (File affidavit of acceptance or of process server or sheriff) 1st class mail, postage prepaid Certified mail Registered mail (attach green card to this paper) Hand delivery by (name)

A. Name:

B. Relationship to person:

C. Date I gave the documents:

D. How I gave the documents -- check at least one box and complete the information:Personal service (File affidavit of acceptance or of process server or sheriff) 1st class mail, postage prepaid Certified mail Registered mail (attach green card to this paper) Hand delivery by (name)

Petitioner’s Signature:

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by (date)

.

(notary seal) Deputy Clerk or Notary Public

REVISED 09/25/2017 Page 2 of 2

Page 56: INFORMAL PROBATE 1

INFORMAL PROBATE

4Closing the Estate as

Personal Representative (Forms)

Page 57: INFORMAL PROBATE 1

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

Lawyer’s Bar Number:

Licensed Fiduciary Number: ____________________________________

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT O

F ARIZONA COCHISE COUNTY

In the Matter of the Estate of:

(Name of the person who died)

Case Number

CLOSING STATEMENT and PROOF OF MAILING/DELIVERY CLOSING STATEMENT

I am the Personal Representative of this Estate, and I make these statements under oath.

1. Appointment as Personal Representative. I was appointed as the PersonalRepresentative of this Estate on (date), more than four months before thedate of this Closing Statement.

2. Notice to Creditors. The Notice to Creditors was published according to law. The firstpublication occurred on (date), more than four months before the date ofthis Closing Statement.

3. Administration of Estate. The Estate has been fully administered by making payment,settlement or other disposition of all expenses of administration, and all taxes and claims that haveaccrued against the Estate with the following exceptions: (List the exceptions.)

4. Distribution of Assets. I have distributed all of the assets of the Estate to the persons entitledto distribution.

5. Mailing Closing Statement. I am sending a copy of this Closing Statement to all of thepeople to whom I distributed property of this Estate, to all people whose interests are affected by theadministration of the Estate, and to all creditors or other claimants whose claims against the Estateare not barred or were not paid.

6. Accounting. I have mailed or delivered a copy of the full written accounting of the Estate to thepeople whose interests are affected by the administration of the Estate, including guardians adlitem, conservators and guardians.

FOR CLERK’S USE ONLY

REVISED 09/25/2017 Page 1 of 2

Page 58: INFORMAL PROBATE 1

Case No.

7. Claims. With respect to any claim listed above in paragraph 3 that has not been paid and that isnot barred, I have distributed the Estate subject to possible liability, with the agreement of thedistributees, or the following arrangements have been made to accommodate outstandingliabilities: (List arrangements.)

Signature of Personal Representative

STATE OF ARIZONA ) County of )ss.

I, being duly sworn, state that I am the Personal Representative for the above Estate, and that the statements in the Closing Statement are accurate and complete to the best of my knowledge and belief. I also state that a copy of this closing statement was mailed to the following individuals on the date(s) and at the address(es) below.

Signature of Personal Representative

This Closing Statement was subscribed and sworn to before me this day of , , by the above named person.

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by (date)

.

(notary seal) Deputy Clerk or Notary Public

A copy of the Closing Statement was mailed to the following individuals:

Name Address Date Mailed/Delivered

Revised 09/25/2017

Page 2 of 2


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