When Emergency Action Is Needed
Some estates need immediate attention. A home sits vacant, or property faces damage or theft.
If no personal representative has stepped forward and the estate exceeds twenty thousand dollars, the public fiduciary can file a verified petition. This petition asks the court for authority to take protective action.
If the gross assets of the estate exceed twenty thousand dollars, the public fiduciary may file with the court a verified petition to preserve and protect estate property if action is needed to protect an estate but no probate proceedings have been filed and no affidavit of collection has been tendered pursuant to section 14-3971.
A.R.S. § 14-5606(A)The court can grant this petition without prior notice or a hearing if it finds good cause. The public fiduciary then sends copies to every known heir, devisee, and interested party within ten business days.
What the Public Fiduciary Can Do
With court approval, the public fiduciary gains broad authority. For example, they can take possession of property, make funeral arrangements, and sell perishable items.
For property worth less than five thousand dollars, the public fiduciary can sell without prior court approval. This applies when the sale is needed to pay funeral expenses or prevent waste. Higher-value sales require a separate court order and notice to interested parties.
The public fiduciary must account for every action taken during this period. When the court appoints a personal representative or heirs submit valid succession affidavits, the public fiduciary transfers everything over.
The public fiduciary subtracts any fees and costs owed under A.R.S. 14-5604 first. They then file a final accounting.
If no one objects within thirty days, the court settles the account. As a result, the public fiduciary is released from further responsibility.
Naming a personal representative in your will and keeping your estate plan current can prevent the need for this process. When someone is already designated to act, the public fiduciary never needs to get involved.