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A.R.S. § 14-3705

Notice to Heirs and Devisees

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

Within 30 days of being appointed, a personal representative must notify all heirs and devisees. The notice must include the representative's name and address, whether a bond was filed, and where estate papers are on file. Failing to send this notice is a breach of duty but does not invalidate the appointment.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

What the Notice Must Include

The law gives the personal representative a clear 30-day window after appointment to reach out to everyone who has, or may have, an interest in the estate. Whether the appointment was through formal or informal proceedings, the duty is the same. The notice must be delivered or sent by first class mail to each heir and devisee whose address is reasonably available.

Not later than thirty days after appointment every personal representative, except any special administrator, shall give information of the appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application for appointment of a personal representative.

A.R.S. § 14-3705

The notice itself is straightforward. It must include the personal representative's name and address. It must state that it is being sent to people who have or may have an interest in the estate. It must note whether a bond has been filed. It must describe the court where estate papers are on file.

Consequences of Missing the Deadline

Here is an important distinction. If the personal representative fails to send the required notice, it counts as a breach of duty to the affected individuals. But it does not undo the appointment. It does not strip the representative of their powers. It does not invalidate any actions already taken.

The obligation is real, but the consequences are directed at the representative personally rather than at the estate proceedings. This is true whether the personal representative was appointed through formal or informal proceedings.

For families going through probate, this notice serves a practical purpose. It makes sure everyone who might be affected knows what is happening and where to find the records. It also starts the clock on the time heirs and devisees have to raise objections or protect their interests. A personal representative who takes this step promptly sets the tone for an organized, transparent administration.

Not later than thirty days after appointment every personal representative, except any special administrator, shall give information of the appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application for appointment of a personal representative. The information shall be delivered or sent by first class mail to each of the heirs and devisees whose address is reasonably available to the personal representative. If appointment is made in a formal proceeding, information under this section need not be given to persons given notice of the formal proceeding. The duty does not extend to require information to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The information shall include the name and address of the personal representative, indicate that it is being sent to persons who have or may have some interest in the estate being administered, indicate whether a bond has been filed and describe the court where papers relating to the estate are on file. The personal representative's failure to give this information is a breach of the personal representative's duty to the persons concerned but does not affect the validity of the appointment or the personal representative's powers or other duties. A personal representative may inform other persons of the appointment by delivery or first class mail. The personal representative shall comply with the provisions of title 43, chapter 13.

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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