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A.R.S. § 14-3974

Closing a Small Estate by Statement

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

After distributing a small estate under summary procedures, the personal representative can close the case by filing a verified statement with the court. No formal hearing is required. One year after filing, the appointment automatically terminates if no court actions are pending.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

What the Closing Statement Must Include

When a personal representative has administered a small estate under the summary procedure, closing the case is straightforward. The representative files a verified statement with the court confirming three things: the estate qualified as a small estate, all personal property has been distributed, and all distributees and known creditors have been notified.

Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of section 14-3973 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement.

A.R.S. § 14-3974(A)

The statement must confirm that the personal representative sent a copy to all distributees and to all creditors whose claims were not paid or barred. A full written accounting must also go to any distributee whose interest was affected.

When the Appointment Ends

Filing the closing statement does not immediately end the personal representative's appointment. Instead, there is a one-year buffer. If no court actions involving the representative are pending one year after the closing statement is filed, the appointment terminates automatically.

If no actions or proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.

A.R.S. § 14-3974(B)

For families in Maricopa County and elsewhere, this process avoids the cost and complexity of a formal court hearing. The closing statement carries the same legal effect as one filed under the standard procedure. For real property transfers, the representative may also need to file an affidavit for transfer of title to real property with the county recorder to complete the process.

14-3974. Small estates; closing by sworn statement of personal representative A. Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of section 14-3973 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that: 1. To the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed allowance in lieu of homestead, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses and reasonable, necessary medical and hospital expenses of the last illness of the decedent. 2. The personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto. 3. The personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected. B. If no actions or proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates. C. A closing statement filed under this section has the same effect as one filed under section 14-3933.

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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