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A.R.S. § 14-3204

Filing a Demand for Notice in Probate

Verified April 4, 202657th Legislature, 1st Regular Session

Anyone with a financial or property interest in an estate can file a demand for notice with the court. Once filed, the court cannot issue orders or accept filings related to the estate without first notifying that person.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

Protecting Your Interest in an Estate

Probate proceedings can involve decisions that directly affect your finances or property rights. If you have a stake in the outcome, the law gives you a way to stay informed: filing a demand for notice.

Any person desiring notice of any order or filing pertaining to a decedent's estate in which he has a financial or property interest may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of his interest in the estate and the demandant's address or that of his attorney.

A.R.S. § 14-3204

The demand can be filed at any time after the decedent's death. It must include the decedent's name, a description of the filer's interest in the estate, and a mailing address for notices. The filer must also send a copy to the personal representative if one has already been appointed.

What Happens After a Demand Is Filed

Once the demand is on file, no order or filing related to the estate can proceed without proper notice to the person who filed it. This does not give the filer veto power over court decisions. It does ensure they are not caught off guard by actions that affect their interests.

If a court issues an order or accepts a filing without sending the required notice, the order is still valid. However, the person who obtained the order or made the filing may be held liable for any damages caused by the missing notice. The demand remains in effect until the filer's interest in the estate ends, or the filer waives the right to notice in writing.

For heirs, creditors, and other interested parties, filing a demand for notice is a practical safeguard. It keeps you in the loop during a process where significant decisions about property and distributions happen on a set timeline.

14-3204. Demand for notice of order or filing concerning decedent's estate Any person desiring notice of any order or filing pertaining to a decedent's estate in which he has a financial or property interest may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of his interest in the estate and the demandant's address or that of his attorney. The demandant shall mail a copy of the demand to the personal representative if one has been appointed. After filing of a demand, no order or filing to which the demand relates shall be made or accepted without notice as prescribed in section 14-1401 to the demandant or his attorney. The validity of an order which is issued or filing which is accepted without compliance with this requirement shall not be affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and shall cease upon the termination of his interest in the estate.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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