Order To Personal Representative And Acknowledgment And Info To Heirs

SUPERIOR COURT OF ARIZONA PINAL COUNTY In the Matter of the Estate of CASE NUMBER: ORDER TO PERSONAL REPRESENTATIVE AND ACKNOWLEDGMENT AND INFORMATION TO HEIRS an Adult a Minor, deceased HONORABLE: WARNING: This appointment is not effective until the letters of appointment have been issued by the Clerk of the Superior Court. The best interest of this estate is of great concern to this Court. As Personal Representative, you are subject to the power of the Court. Therefore, to help avoid problems and to assist you in your duties, this Order is entered. You are required to be guided by this Order and to obey it. Unless an interested party files a written request to the Court, this Court will not review or supervise your actions as Personal Representative. In Arizona, if you are a beneficiary of an estate, you are expected to protect your own interests in the estate. The Personal Representative is required to provide sufficient information to the beneficiary to permit the beneficiary to protect his or her interests. The Court may hold a Personal Representative personally liable and responsible for any damage or loss to the estate resulting from a violation of the Personal Representative's duties. The following is an outline of some of your duties as Personal Representative: DUTIES OF THE PERSONAL REPRESENTATIVE: The duties of the Personal Representative are found in Chapter 3, Title 14 of the Arizona Revised Statutes (from now on called "A.R.S."). You are responsible for knowing and doing your duties according to these statutes. Some of the duties are: 1. GATHER, CONTROL AND MANAGE ESTATE ASSETS. As Personal Representative you have the duty to gather and control all assets which belonged to the decedent (the person who has died) at the time of his or her death. After the valid debts and expenses are paid, you have the duty to distribute any remaining assets according to the decedent's Will or, if there is no Will, to the intestate heirs of the decedent. As Personal Representative, you have the authority to manage the estate assets, but you must manage the estate assets for the benefit of those interested in the estate. 2. FIDUCIARY DUTIES. As Personal Representative you are a fiduciary. This means you have a legal duty of undivided loyalty to the beneficiaries and the creditors of the estate. You must be cautious and prudent in dealing with estate assets. As Personal Representative, the estate assets do not belong to you and must never be used for your benefit or mixed with your assets or anyone else's assets. Arizona law prohibits a Personal Representative from participating in transactions that are a conflict of interest between you, as Personal Representative, and you as an individual. Other than receiving reasonable compensation for your services as Personal Representative, you may not profit from dealing with estate assets. Page 1 of 4 PB_OPR_COSCPinal_08.14.12 Use only most current version American LegalNet, Inc. www.FormsWorkFlow.com 3. PROVIDE NOTICE OF APPOINTMENT. Within 30 (thirty) days after your Appointment as Personal Representative, you must mail notice of your appointment to the heirs and devisees whose addresses are reasonably available to you. If your appointment is made in a formal proceeding, you need not give notice to those persons previously noticed of a formal appointment proceeding. See A.R.S. §14-3705. 4. PROVIDE NOTICE OF ADMISSION OF WILL TO PROBATE. Within 30 days of the Admission of the Will to informal probate, you must give written notice to all heirs and devisees of the Admission of the Will to probate, together with a copy of the Will. You must notify the heirs that they have 4 (four) months to contest the probate. See A.R.S. §14-3306. 5. MAIL COPIES OF THIS ORDER TO PERSONAL REPRESENTATIVE. Within 30 days of your appointment, you must mail a copy of this order to personal representative and acknowledgment and information to heirs, to all the heirs and devisees of the estate, and to any other persons who have filed a demand for notice. See A.R.S. §14-3705. 6. FILE PROOF OF COMPLIANCE. Within 45 days of your appointment as Personal Representative, you must file with the Court a notarized statement swearing that a copy of this Order was mailed to each devisee, to each heir in intestate (no will) estates and to any other persons who have filed a demand for notice. 7. PUBLISH NOTICE. After your appointment as Personal Representative, you must publish a notice once a week for 3 consecutive weeks in Pinal County newspaper of general circulation that announces your appointment as Personal Representative and tells creditors of the estate that unless they present their claims against the estate within the prescribed time limit, the claims will not be paid. In addition, you must mail a similar notice to all persons you know are creditors and to all persons you can reasonably find out are creditors of the estate. See A.R.S. §14-3801. 8. PROTECT ASSETS. You must immediately find, identify, and take possession of the estate assets and make proper arrangements to protect them. See A.R.S. §14-3709. All property must be re-titled to show ownership in the name of the estate --such as "Estate of (decedent's name), your name, as Personal Representative." Do not put the estate assets into your name, anyone else's name, joint accounts, trust accounts ("in trust for"), or payable on death ("POD") accounts. Do not list yourself or any other person as joint owner or beneficiary on any bank accounts or other assets belonging to the estate. Do not mix any estate assets with your own assets or anyone else's assets. If your authority as Personal Representative has been limited by the Court, you must promptly protect the estate assets as ordered, and file a Proof of Restricted Assets with the Court. You may not sell, encumber, distribute, withdraw or otherwise transfer restricted assets without first obtaining permission from the Court. 9. DETERMINE STATUTORY ALLOWANCES. It is your responsibility to determine whether any individuals are entitled to statutory allowances under A.R.S. §14-2402, 2403, and 2404. Statutory allowances include a homestead allowance, exempt property allowance, and a family allowance. 10. INVENTORY ASSETS. Within 90 days after your appointment as Personal Representative, you must prepare an inventory or list of the decedent's probate assets and their values as of the date of death. See A.R.S. §14-3706. The inventory must be either (1) filed with the Co