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A.R.S. § 14-3801

Notice to Creditors in Probate

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

A personal representative must publish a notice to creditors in a local newspaper once a week for three weeks. Known creditors also get direct written notice by mail. Potential creditors then have four months to file a claim or lose the right to collect.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

The Published Notice Requirement

One of the first duties of a new personal representative is notifying potential creditors. Under Arizona law, the representative must publish a notice in a county newspaper. The notice must run once a week for three weeks in a row.

At the time of appointment a personal representative shall publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing the appointment and the personal representative's address and notifying creditors of the estate to present their claims within four months after the date of the first publication of the notice or be forever barred.

A.R.S. § 14-3801(A)

That four-month window is critical. Once it closes, most creditors lose any right to file a claim against the estate.

This deadline gives the personal representative a clear timeline. The representative must settle debts before distributing assets to heirs.

Direct Notice to Known Creditors

Publishing in a newspaper handles unknown creditors. But the personal representative must also notify every creditor they know about. Known creditors must receive written notice by mail or other delivery.

A personal representative shall give written notice by mail or other delivery to all known creditors, notifying the creditors of the personal representative's appointment.

A.R.S. § 14-3801(B)

Known creditors have until four months after publication or 60 days after receiving their notice, whichever is later. This means creditors identified by name get a fair chance to respond. They do not lose their rights just because they missed the newspaper notice.

Common claims include credit card debt, medical bills, and outstanding loans. The personal representative is not personally liable for giving or failing to give this notice. However, skipping it can complicate estate management and delay the process.

No distributions should happen until the claims window closes. Paying debts too early without proper notice can create problems. As a result, other creditors may come forward and hold the representative personally liable.

14-3801. Notice to creditors A. Unless notice has already been given under this section, at the time of appointment a personal representative shall publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing the appointment and the personal representative's address and notifying creditors of the estate to present their claims within four months after the date of the first publication of the notice or be forever barred. B. A personal representative shall give written notice by mail or other delivery to all known creditors, notifying the creditors of the personal representative's appointment. The notice shall also notify all known creditors to present the creditor's claim within four months after the published notice, if notice is given as provided in subsection A, or within sixty days after the mailing or other delivery of the notice, whichever is later, or be forever barred. A written notice shall be the notice described in subsection A or a similar notice. C. The personal representative is not liable to a creditor or to a successor of the decedent for giving or failing to give notice under this section.

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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