Tucson, AZ asked in Probate for Arizona

Q: Should I wait until I'm officially her Personal Representative to notify her creditors of her death, or start now?

My sister died recently with a lot of debt, including a trailer that may be condemned. Since becoming a PR in Arizona takes time, I want to know if I must wait to notify her creditors until it's official. My concern is that interest and late fees will increase her estate's debt.

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2 Lawyer Answers

A: You may notify creditors of your sister's death now and ask them to close accounts, etc. But you will still need to publish a notice to creditors when the probate is opened. I recommend that you consult with a probate attorney before you take any action. From the information you provided, your sister's estate appears to consist mainly of debt. There may be no need to incur the cost of a probate. A probate would make sense if there are assets of substantial value in excess of your sister's debts.

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Answered

A: As Mr. Westby, says...consult with an AZ attorney before you file probate. There may not be any reason to probate Her estate.

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