Skip to main content
Skip to explanation
A.R.S. § 14-3931

Formal Proceedings to Close an Estate

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

When an estate is ready to be wrapped up, the personal representative or any interested person can petition the court for a complete settlement. The court reviews the final accounting, determines who is entitled to receive what, and formally closes the case with an order of distribution.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

Who Can Petition and When

The personal representative can file a petition for complete settlement at any time during the probate process. Other interested persons, such as heirs or beneficiaries, can petition after one year from the original appointment. In either case, no petition moves forward until the deadline for presenting creditor claims has passed. This legal process ensures all debts and taxes are addressed before estate assets are distributed.

A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after one year from the appointment of the original personal representative except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired.

A.R.S. § 14-3931(A)

The petition can ask the court to do several things at once. It can determine whether the deceased left a valid will, review the final accounting, approve the distribution plan, and discharge the personal representative from further claims. All interested persons must receive notice. Distributees whose interests are affected receive a copy of the final account.

Under Arizona law, this formal probate process applies to both small estates and larger ones. Creditors who want to file claims against the estate must do so within the statutory window. Once that period expires, the court can move forward with final settlement.

When Heirs Were Left Out of Earlier Proceedings

Sometimes an heir or beneficiary is not included in an earlier testacy proceeding. This statute accounts for that. The court can reopen the testacy question as it applies to the omitted person and confirm or adjust the earlier ruling. Evidence from the original proceeding still carries weight unless the omitted person raises a valid objection.

This matters because estate administration can stretch over months or even years. People move, family relationships are discovered late, and paperwork gets lost. The statute builds in a safeguard so the final settlement accounts for everyone who has a legal interest in the estate assets.

A. A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after one year from the appointment of the original personal representative except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. The petition may request the court to determine testacy, if not previously determined, to consider the final account or compel or approve an accounting and distribution, to construe any will or determine heirs and adjudicate the final settlement and distribution of the estate. Notice must be given to all interested persons, and a copy of the final account must also be sent to the distributees whose interests are affected thereby. After hearing the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate, and, as circumstances require, approving settlement and directing, approving or decreeing distribution of the estate and discharging the personal representative from further claim or demand of any interested person. B. If one or more heirs or devisees were omitted as parties in, or were not given notice of, a previous formal testacy proceeding, the court, on proper petition for an order of complete settlement of the estate under this section, and after notice to the omitted or unnotified persons and other interested parties determined to be interested on the assumption that the previous order concerning testacy is conclusive as to those given notice of the earlier proceeding, may determine testacy as it affects the omitted persons and confirm or alter the previous order of testacy as it affects all interested persons as appropriate in the light of the new proofs. In the absence of objection by an omitted or unnotified person, evid...

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.

Get Started Today

Need Help With Your Estate Plan?

Whether you are just getting started or reviewing an existing plan, RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570