Free Making a Claim against Estate Packet - Arizona


File Size: 189.1 kB
Pages: 6
Date: June 26, 2006
File Format: PDF
State: Arizona
Category: Court Forms - Local
Author: MGriglak
Word Count: 1,430 Words, 9,348 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://pinalcountyaz.gov/Departments/JudicialBranch/ClerkoftheCourt/Documents/Downloads/Probate/Making%20a%20Claim%20against%20Estate%20Package.pdf

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MAKING A CLAIM AGAINST AN ESTATE

PINAL COUNTY
TELLING THE PERSONAL REPRESENTAIVE AND/OR THE COURT THAT A DECEASED PERSON OWES YOU MONEY
INSTRUCTION & FORMS
Provided as a Public Service by Kristi Youtsey Ruiz Clerk of the Superior Court

PINAL COUNTY CLERK OF SUPERIOR COURT SELF SERVICE CENTER

MAKING A CLAIM AGAINST AN ESTATE
FORMS LIST

How to assemble these documents
This packet contains court forms and instructions to make a Claim Against an Estate. Order 1 2 3 4 5 Form Number PB5 Table PB5 Checklist Document Table of Forms Making a Claim Against an Estate Check List PB5Information Information for Making a Claim Against an Estate PB5Instructions Instructions for filing a Claim Against an Estate PB5Claim Claim Against Estate No. pages 1 1 1 1

The Superior Court of Arizona in Pinal County copyrights the documents you have received. You have permission to use them for any lawful purpose. These forms shall not be used to engage in the unauthorized practice of law. The Court assumes no responsibility and accepts no liability for actions taken by users of these documents, including reliance on their contents. The documents are under continual revision and are current only for the day they are received. It is strongly recommended that you verify on a regular basis that you have the most current documents. It is strongly recommended that you contact an attorney to assist you in completing these forms if you have any questions. You should contact an attorney that handles Probate Estates to find out what to do.

© Superior Court of Arizona in Pinal County November 22, 2004 ALL RIGHTS RESERVED

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PB5 Table Use only most current version

PINAL COUNTY CLERK OF SUPERIOR COURT SELF SERVICES CENTER

MAKING A CLAIM AGAINST AN ESTATE
CHECKLIST
USE THE FORMS AND INSTRUCTIONS in this packet only if the following factos apply to your situation:
You received notice about a court case involving the property of a person who died (Formal or Informal Probate);

OR

You believe a person who died owns you money, and you want to make a claim against the estate before all the property is transferred or distributed to others or sold;

AND



The person had a will or did not have a will.

READ ME:

It is very important for you to know that when you sign a court document, you may be helping or hurting your court case. Before you sign any court document, or get involved with a court case, it is important that you a lawyer to make sure you are doing the right thing.

© Superior Court of Arizona in Pinal County November 22, 2004 ALL RIGHTS RESERVED

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PB5Check List Use only most current version

PINAL COUNTY CLERK OF SUPERIOR COURT SELF SERVICE CENTER INFORMATION FOR MAKING A CLAIM AGAINST AN ESTATE 1. WHO CAN FILE A CLAIM:
money. Generally, you must believe that the person who died owes you

2. WHEN A CLAIM MUST BE FILED:

You are not required to file a claim against the estate if the Personal Representative has paid you or is making arrangements with you to pay what is owed from the property of the person who died. But here is what the law currently provided as to creditors under A.R.S. § 14-3801, § 14-3802, and § 14-3803: All persons unknown to the Personal Representative having claims against the Estate are required to present their claims within four months after the date of the first publication of the Notice of Creditors, or the claims will be forever barred. All persons known to the Personal Representative to have claims against the Estate are required to present their claims within four months after receipt of the Notice to Creditors by mail or the claims will be forever barred. To present a claim you must deliver or mail a written statement of the claim to the Personal Representative at his or her address. You do not need to file the claim in court, unless you want to A.R.S. § 14-3804.







3. HOW TO FILE A CLAIM AGAINST THE ESTATE WITH THE COURT:

If you are a person to whom the estate owes money, and you want to file the claim with the court, complete a Probate Cover Sheet and a Claim Against the Estate form, which are included in this packet. File the original with the Clerk if the Court at one of the offices listed below: Florence: Clerk of the Superior Court Pinal County Justice Complex 971Jason Lopez Circle Florence AZ 85232 (520) 866-5300 Satellite Office 575 N Idaho Road Suite 109 Apache Junction AZ 85219 (480) 982-4166 Casa Grande: Satellite Office

820 E. Cottonwood Lane
Building B Casa Grande AZ 85222 (520) 836-1073 Mammoth: Satellite Office 118 Catalina County Complex Mammoth AZ 85618 (520) 487-2928

Apache Junction:

4. CHARGE TO FILE THE CLAIM IN COURT:

You must pay a $18.00 filing fee, in cash, cashier's check, money order, master card or visa to file the claim with the court. You may, alternatively deliver or mail the claim to the Personal Representative.

© Superior Court of Arizona in Pinal County November 22, 2004 ALL RIGHTS RESERVED

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PB5 Information Use only most current version

PINAL COUNTY CLERK OF SUPERIOR COURT SELF SERVICE CENTER
INSTRUCTION FOR FILING A CLAIM AGAINST AN ESTATE
1. 2. 3. Fill in your name, address and daytime telephone number at the top form. Fill in the name of the deceased person and mark whether he/she is an adult or minor. Fill in the case number; PB______________________. This number is on any document you received from the Personal Representative, or is obtainable from the Pinal County Clerk of Superior Court. Fill in your name and address and the amount you believe the deceased person owes you. Items #1 and #2 on the form. Explain why you believe the deceased person owes you money. Item #3 on the form. If the amount owed is not yet due, fill in the date due in item #4. If the amount owed is secured by property, describe it in item #5. Item #6 states that you are mailing a copy of the Claim to Personal Representative, If one had been appointed. YOU MUST DO THIS. The Claim is deemed presented upon receipt of the written statement of claim by the Personal Representative. Date, sign and print your name.

4. 5. 6. 7. 8.

9.

WHAT TO DO NEXT:
1. Ask the Personal Representative for the names and addresses of any other persons who received notice of the court case. If no Personal Representative has been appointed, or if you do not wish to contact him/her, come into the Pinal County Clerk of Superior Court and look in the file at the PROOF OF NOTICE filed by the Personal Representative. This will give you the necessary information. 2. Make enough copies of your Claim to mail one to each of the persons above and the Personal Representative. 3. If you want to file the Claim with the Court, bring the original Claim Against an Estate to the Pinal County Clerk of Superior Court along with a money order, cashiers check, visa, master card or cash for the $18.00 filing fee.

FILE THE CLAIM AT THE FOLLOWING LOCATIONS:
Florence: Clerk of the Superior Court Pinal County Justice Complex 971Jason Lopez Circle Florence AZ 85232 (520) 866-5300 Satellite Office 575 N Idaho Road Suite 109 Apache Junction AZ 85219 (480) 982-4166 Casa Grande: Satellite Office

820 E. Cottonwood Lane
Building B Casa Grande AZ 85222 (520) 836-1073 Mammoth: Satellite Office 118 Catalina County Complex Mammoth AZ 85618 (520 487-2928
PB5 Instructions Use only most current version

Apache Junction:

© Superior Court of Arizona in Pinal County November 22, 2004 ALL RIGHTS RESERVED

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Name of Person Filing Document: __________________________________ Your Address ___________________________________________________ Your City, State, Zip Code: ________________________________________ Your Telephone Number: __________________________________________ Attorney Bar No. & Representing: ___________________________________

SUPERIOR COURT OF ARIZONA PINAL COUNTY
In the Matter of Estate of ) ) ) ) ) ________________________________) [ ] an Adult or [ ] a Minor, deceased 1. My name and address are:

PB 2_____________________

CLAIM AGAINST AN ESTATE [570]

__________________________________________________ __________________________________________________ __________________________________________________

2. 3.

The Estate is indebted to me in the amount of $______________________________________. The basis of may claim is: ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________

NOTE: Complete number 4 or 5 only if either applies to your claim. 4. 5. The claim is not yet due. It will become due on (date): ________________________________

The claim is secured by the following property (describe): _______________________________ _____________________________________________________________________________ _____________________________________________________________________________

6.

I am mailing a copy of the Claim Against an Estate to the Personal Representative, if one has been appointed.

DATED: ________________________________________ _________________________________________ Signature _________________________________________ Print Name

© Superior Court of Arizona in Pinal County November 22, 2004 ALL RIGHTS RESERVED

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PB5 Claim Against Estate Use only most current version