Written Claims to the Personal Representative
The most common method is straightforward. A creditor sends the personal representative a written statement that includes the basis for the claim, the claimant's name and address, and the amount owed. The claim is considered presented when the personal representative receives it.
The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant and the amount claimed.
A.R.S. § 14-3804(1)If the claim is not yet due, the creditor should state when it will become due. Contingent or unliquidated claims require a description of the uncertainty. Secured claims should describe the security. However, the statute is forgiving: minor errors in describing these details do not invalidate the claim itself.
Filing a Lawsuit as an Alternative
Instead of sending a written claim, a creditor may file a lawsuit against the personal representative in any court with jurisdiction. The lawsuit must be started within the same time limits that apply to written claims. Claims that were already pending against the decedent at the time of death do not require a separate presentation.
If a creditor submits a written claim and the personal representative disallows it, the creditor has sixty days after the personal representative mails a notice of disallowance to file suit. For claims that are not yet due, contingent, or unliquidated, the personal representative may agree to extend this deadline. A court can also grant an extension to prevent injustice, though no extension can run past the applicable statute of limitations.