Informal Probate Application for Appointment as Personal Representative (PBIP1) at a glance
What it is: INFORMAL PROBATE Application for Appointment as Personal Representative (known in other states as “executor”) Part 1: The Application and Notice (Forms and Instructions Packet)
Where and when to file: Bring all sets of copies to the filing counter at any Superior Court location in Maricopa County.
Generally, to apply, you must be over the age of eighteen (18) and be the spouse of the decedent, a child of the decedent, a parent of the decedent, a brother or sister of the decedent, a person entitled to property of the decedent, a person who was named as personal representative by will, or a creditor and forty-five (45) days have gone by since the person died.
What to bring and attach to Informal Probate Application for Appointment as Personal Representative (PBIP1)
Bring all sets of copies with you when you file.
Set 1 - Originals for Clerk of Superior Court: Probate Cover Sheet, Probate Information Form, Informal Checklist, Declaration of Completion of Training, All Waivers of Right to Appointment as Personal Representative (if applicable), All Waivers of Bond (if applicable), Application for Appointment as Personal Representative, Statement of Informal Appointment, Letters and Acceptance of Appointment, Order to Personal Representative, Will (if applicable)
A filled-in Informal Probate Application for Appointment as Personal Representative (PBIP1) example: an adult child lists the survivors
How to fill out Informal Probate Application for Appointment as Personal Representative (PBIP1), box by box
Entitled to file this Application because I am
I live in (County) (State), and I am entitled to file this Application under A.R.S. 14-3301 because I am: (check the box that applies) The surviving spouse of the person who died;
An adult child of the person who died; A parent of the person who died; A brother or sister of the person who died; (Check the box only if there is not a Will) A person entitled to property of the person who died under Arizona law; (Check the box only if there is a Will) A person who was nominated/named as Personal Representative by a Will; At least 45 days have passed since the person died, and I am a creditor.
The person who died
Enter the name of the person who died, the date of death and the age of the person.
At the time of death, the person who died lived in the county and state, and 120 hours or more have passed since the time of death.
There is a Will
There is a Will, and the original of the Will of the person who died, dated: is filed with this Application.
The surviving spouse, children and others entitled to take property
The person who died left behind the following persons who are the surviving spouse, children and others entitled to take property under Arizona law: (if you need more space, attach a separate page): Name Age Relationship Address
More rules for Informal Probate Application for Appointment as Personal Representative (PBIP1)
If you later learn of additional information that you omitted or if you later learn that any information in this form is incorrect, you must file an updated probate information form.
If contact information changes, you must file a notice of change of contact information.
If the court has restricted your authority over any real property located in Arizona, within 10 court days after issuance of your letters of appointment, you must record a certified copy of those letters of appointment in the county where that real property is located and, no later than 45 calendar days after the county recorder has recorded your letters of appointment, you must file a copy of the recorded letters with this court.
If you do not file the inventory with the court, you must file a sworn document that identifies each person to whom you provided the inventory and how and when you provided them with the inventory.
If you filed the original inventory with the court, you must file the supplementary inventory with the court.
If your contact information changes during your appointment, you must file Form 13, Notice of Change of Fiduciary's Contact Information, no later than 10 court days after such a change occurs.
To informally close the Estate, you must file a closing statement with the court and send a copy of it to all distributees and to all creditors or other claimants of whom you are aware whose claims are not fully paid or barred.
To formally close the Estate, you must file a petition, obtain a hearing date, and provide notice of that hearing.
If your situation is different
You receive the documents from the Probate Registrar
There are two documents you must receive from the Probate Registrar: (1) Statement of Informal Appointment (2) Letters of Appointment and Acceptance of Appointment (certified copy)* * Sometimes, you may not receive the Letters of Appointment until additional tasks are completed, such as posting a bond or completing training.
If you receive BOTH (1) and (2): (1) Statement of Informal Appointment (2) Letters of Appointment You do NOT need to complete the following documents in this packet: Notice of Application in Informal Proceeding Proof of Delivery or Mailing Notice of Application in Informal Proceeding
If you receive ONLY (1): (1) Statement of Informal Appointment You must also complete and file the following documents in this packet:
Notice of Application in Informal Proceeding You must send copies of this to all heirs or devisees within 30 days.
Proof of Delivery or Mailing Notice of Application in Informal Proceeding
Probate Information Form for Decedent's Estate
Probate Information Form for Decedent's Estate. Complete this form to the best of your knowledge and ability and then file it with your application or petition.
The court has entered an order restricting an account
If the court has entered an order restricting an account, you must file Form 10, Proof of Restricted Account from Financial Institution, within 30 days after the court's order, or as otherwise ordered by the court.
Fill out the Statement of Informal Appointment and the Letters of Appointment
Statement of Informal Appointment: Fill out in full EXCEPT leave the bond portion and the Probate Registrar's signature blank
Letters of Appointment and Acceptance of Appointment: Fill out the Filing Person's information in the top left corner. Fill in the Decedent's name. Sign at the end of the document, leave the signature line for the Deputy Clerk of the Superior Court blank
You cannot afford the filing fee
If you cannot afford the filing fee and/or the fee for having the papers served by the sheriff or by publication, you may request a deferral (payment plan) or waiver when you file your papers with the Clerk of Superior Court. Waiver and Deferral applications are available at no charge from the Law Library Resource Center.
Before you go
Find out whether the decedent left a will. If there is a will, obtain the original will.
If you do not have the signed original will, you cannot go through the Informal process. The signed original will is needed on testate estates ONLY.
Ask everyone entitled to be personal representative if they are willing to sign a waiver of appointment and will agree to your appointment as personal representative.
Ask people named in the will (if there is a will), or people who are heirs to the decedent's estate (if there is not a will), if they are willing to have you act as personal representative without a bond. If they are willing, ask them to sign the waiver of bond in this packet. A bond will be required unless it is waived by the will, in writing by all devisees/beneficiaries, or in writing by all heirs if there is no will.
View the required training information so that you may turn in the Certificates (or Declarations) of Completion of Training at the same time you file your Application and other papers for appointment as personal representative of the estate of the person who died (“the decedent”).
Common questions about Informal Probate Application for Appointment as Personal Representative (PBIP1)
Does it need a notary?
Is the Application for Informal Appointment of Personal Representative completely filled out with all questions answered? Is it signed and notarized?
Who signs it?
The Applicant states under oath or affirms that the statements in the Application are accurate and complete to the best of his or her knowledge and belief. Signature of Applicant.
Is there a deadline?
Documents must be picked up within five (5) business days of notification.
Where do I file it?
Bring all sets of copies to the filing counter at any Superior Court location in Maricopa County.
Is there a penalty?
I, (your name), under the penalty of perjury, do hereby swear that the information is true and correct to the best of my knowledge and belief.
When is this form not the right one?
Probate Cover Sheet: Submit this form with new cases only. If there is already a (Maricopa County) Probate Court case number and you are filing in an existing Superior Court case in Maricopa County, do not submit this form.
Sources
[1] Informal Probate Application for Appointment as Personal Representative, Part 1: The Application and Notice (PBIP1), Superior Court of Arizona in Maricopa County (the Official source link on this page).
