Conservator's Account Forms Tutorial

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Conservator's Account Forms Tutorial is a commonly used form within Arizona. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Conservator's Account Forms Tutorial

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Conservator's Account Forms Tutorial:

• This form pertains to the State of Arizona

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Arizona’s Form pbcat1 - Conservator's Account Forms Tutorial up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Arizona form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Arizona probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form pbcat1, take a break, and then review. Probate and estate settlement processes in AZ are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form pbcat1 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form pbcat1 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Conservator's Account Forms Tutorial to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Arizona.

5 reasons you should submit pbcat1 as quickly as possible:

1. The sooner you begin, the faster Arizona can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Arizona. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Arizona is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Arizona probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Arizona probate clerk or court for exact answers regarding Form pbcat1, and when in doubt— consult a qualified trust & estates lawyer for that area.

Conservator's Account Forms Tutorial is one of the many probate court forms available for download through Atticus.

It may also be available through some Arizona probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Arizona.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form pbcat1 - Conservator's Account Forms Tutorial f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Arizona probate court office.

Conservator's Account Forms Tutorial is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Arizona-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Arizona Form pbcat1 - Conservator's Account Forms Tutorial. You can use this to get an idea of the context of the form and what type of information is needed.

CONSERVATOR’S ACCOUNT FORMS TUTORIAL This program was developed under grant number SJI-11-E-008 from the State Justice Institute. The points of view expressed are those of the faculty and do not necessarily represent the official position or policies of the State Justice Institute. © Superior Court of Arizona in Maricopa County ALL RIGHTS RESERVED PBCAT1 -072017 ABOUT THE CONSERVATOR’S ACCOUNT FORMS TUTORIAL This tutorial contains valuable information useful to anyone serving as a court-appointed conservator in Arizona. The responsibilities of a conservator include submitting a variety of financial reports known as “Conservator Accounts” to the court as well as a number of other documents and worksheets over the term of the conservatorship. Review of this material is highly recommended and may be ordered by the judicial officer assigned to your case, but is not part of the mandatory training required to be completed before your Letters of Appointment can be issued by the Clerk of the Court. You may access and complete the training free online at: www.azcourts.gov/probate/Training.aspx If you were specifically ordered to review the Conservatorship Account Forms Tutorial by the judicial officer assigned to your case, after you have completed your review you will need to file either the Certificate of Completion available at the end of the online version, or the Declaration of Completion form at the back of this packet. If you have questions about the conservator account forms, contact the Probate Clerk at 602-506-3668. © Superior Court of Arizona in Maricopa County Page 1 of 1 PBCAT1 -072017 ALL RIGHTS RESERVED Conservator’s Account Forms Tutorial After viewing the contents of this tutorial y ou will be able to determine: •Which f orms are required of the fiduciary by the courts •How each f orm is used to report d ifferent financial information •Where to obtain the f orms, and •How to submit the f orms Annual Reporting By state statute and Supreme Court rule, a conservator is required to file an annual report to the court that provides an account of the status of the protected person's finances. Until recently, courts across the state have required varying formats for providing this information. Standardized Forms In June 2011, the Committee on Improving Judicial Oversight and Processing of Probate Matters recommended standardized conservator account forms to bring uniformity and comparability to judicial oversight of conservatorships. Financial Status These standardized forms will give the judge and other interested parties a financial status of the conservatorship; they allow the court to view, in one document, last year's account information, this year's account information and the plan for the coming year. Standardized Forms Start Date Starting on September 1, 2012, all new conservatorship cases are required to use the standardized forms. If you are an existing conservator as of September 1, 2 012, you should receive an order from the court after you file your next account indicating when you will be required to begin using the standard forms. © Superior Court of Arizona in Maricopa County PBCAT1 -072017 ALL RIGHTS RESERVED Page 1 of 13 Filing the Form The form the conservator needs to file depends on the phase of the conservatorship. The form technically is just a cover sheet providing information such as the case number, the name of the conservator and protected person, and a listing of the specific documents the conservator is required to file which comprises the conservator’s account to the court. © Superior Court of Arizona in Maricopa County PBCAT1 -072017 ALL RIGHTS RESERVED Page 2 of 13 Form 5: Conservatorship Estate Budget Unless the court waives the requirement, every conservator is required to file the Conservatorship Estate Budget, Form 5, at the beginning of their appointment. This first budget covers only the first nine months of the conservatorship. In subsequent accounts, the conservatorship estate budget will include a full 12-month period. Form 6: First Conservator's Account After the completion of the first account reporting period, the conservator will file Form 6, the First Conservator's Account. This account covers the first 9 months of the conservatorship. Form 7: Conservator's Account For the second and subsequent account reporting periods, the conservator will file Form 7, the Conservator's Account. The conservator will continue to use Form 7 until the conservatorship ends. Form 8: Final Conservator's Account When the conservatorship terminates, the conservator will be required to file one last account, known as Form 8, the Final Conservator's Account. © Superior Court of Arizona in Maricopa County PBCAT1 -072017 ALL RIGHTS RESERVED Page 3 of 13 Form 9: Simplified Conservator's Account In certain situations, the Court may allow the conservator to use a simplified form, known as Form 9, the Simplified Conservator's Account. This form does not require as much information as the typical conservator's account, and is designed for smaller estates or estates with limited financial transactions. © Superior Court of Arizona in Maricopa County PBCAT1 -072017 ALL RIGHTS RESERVED Page 4 of 13 USING PROBATE FORMS Forms and Schedules Ev en though the account forms are given a distinct form number, the actual schedules and worksheets the conservator must complete for each account reporting peri od are essentially the same. The only difference is that certain columns within each schedule may not need to be filled out, depending on which account you are filing with the c ourt. The schedules are formatted so y ou know which c olumns you need to complet e. Supporting Schedules With each account, you will be required to complete up to three supporting schedules. Each schedule represents different aspects of the conservatorship. Schedule 1: Statement of Receipts and Disbursements The first schedule, Schedule 1: Statement of Receipts and Disbursements, summarizes the receipts and disbursements of the conservatorship. With this schedule, you are informing the court what money came into the estate and what money went out during the account reporting period. Sc hedule 2: Statement of Net Assets & Reconciliation The second schedule, Schedule 2: Statement of Net Assets & Reconciliation, provides the court a summary of the value of the estate. For this form you will summarize the information you initially provided in the inventory. In subsequent accounts, you will be required to update certain inventory values. Sch edule 3: Statement of Sustainability of Conservatorship The last schedule, Schedule 3: Statement of Sustainability of Conservatorship provides information to the court about how long the protected person's estate will last before it runs out of money to support the protected person's needs. In other words, you are indicating to the court whether or not the estate is sufficient to cover the protected person's expenses for the duration of the conservatorship. Sustainability If, after calculating the estimated y ears of sustainabil ity, you fi nd the protected person’s assets do not cover t he total cost of care and services, t he c onservatorship is considered not sustainable. You must report this to the c ourt on Schedule 3, along with your management plan g oing forward. This management plan must explain how you will protect and preserve the protected person’s estate for as long as possible. © Superior Court of Arizona in Maricopa County PBCAT1 -072017 ALL RIGHTS RESERVED Page 5 of 13 Worksheets As y ou complete the schedules, y ou may have information that does not fit into any of the specified li ne items. If so, you need to report that information as an “other” item on t he schedule. Any time y ou have to report an “ other” item (such as other receipt s, other disbursements for t he protected person, or other g eneral assets), you must complete a worksheet to list the item(s). For each schedule, t here is a separate worksheet to provide this additional information. Schedule 1 / Worksheet A For Schedule 1, you would complete Worksheet A to show supporting detail for any other receipts, other disbursements for the protected person, or other administrative fees and costs. Sched ule 2 / Worksheet B For Schedule 2 , you would complete Worksheet B if you have other general assets or other money denominated assets to report. You would also use Worksheet B to list any bills and payables more than 30 days old, as well as any other debts owed by the protected person. © Superior Court of Arizona in Maricopa County PBCAT1 -072017 ALL RIGHTS RESERVED Page 6 of 13 Schedule 3 / Worksheet C For Schedule 3, you would complete Worksheet C if there are any adjustments to the value of net assets, or adjustments to net income, or expenses that impact the value of the estate going forward. For example, you would enter as a positive value any new and significant assets that you expect to come into the conservatorship in the next account reporting period, such as an inheritance or a personal injury award. You would enter as a negative value any assets that need to be used to satisfy any planned, one-time, significant expense such as a one-time medical cost or a large repair to the protected person’s home. © Superior Court of Arizona in Maricopa County PBCAT1 -072017 ALL RIGHTS RESERVED Page 7 of 13 FILING PROCEDURE Print or Electronic Excel and PDF •Available to complete by hand OR • Complete electronically • Automatically calculates • Carries information over The forms will be available in Excel format and as fillable PDF documents. If you complete the schedules and worksheets electronically, using either format, formulas are included to perform the required calculations and to automatically enter some information. If you do not complete the forms electronically, you can print either the Excel version of PDF version to complete the form by hand. Review Your Work After you have completed the required schedules and worksheets, review all the documentation to ensure you have not left out any information. Remember, if you do not have any information to report in a certain category, enter a 0 on that line. Sign the Conservator Certification Page Once you have double checked y our documentation, complete the form cover sheet and si gn th e conservator’s certifica tion at the bott om of the cover sheet page. By signing t he certifica tion, y ou are acknowledgi ng to the c ourt that you have read and reviewed t he accompanying schedules, worksheet s and any other supporting details you are providing, and that you have a good faith belief the information is true, accurate and complete to the best of y our knowledge. © Superior Court of Arizona in Maricopa County PBCAT1 -072017 ALL RIGHTS RESERVED Page 8 of 13 File the Form You will file the account form with the Clerk of the Court or Probate Registrar of the court that appointed you as conservator. You must also provide copies of the account to all interested parties. Other Tools For m 10: Proof of Restricted Account With each account, you will be required to provide other documentation in addition to the required schedules and worksheets. For example, a Form 10 may also be required if the court orders a restriction on the use of the protected person's bank account or accounts. Form 10 is known as the Proof of Restricted Account form. This is a mandatory form that must follow the format prescribed by the Arizona Supreme Court. © Superior Court of Arizona in Maricopa County PBCAT1 -072017 ALL RIGHTS RESERVED Page 9 of 13 Inventory When you file Form 5 (the Conservator’s Estate Budget) you will need to also file an Inventory. © Superior Court of Arizona in Maricopa County PBCAT1 -072017 ALL RIGHTS RESERVED Page 10 of 13 Statement of Asset Distribution When you file your final account, Form 8, you will need to file a Statement of Asset Distribution. Tr ansaction Log Once the court issues your letters of conservatorship you should begin recording receipts and disbursements (income and spending). A good practice for doing this is to use a Transaction Log. Additionally, a new transaction log should be started for each account reporting period the day following the prior account reporting’s closing. This will also make completing Schedule 1 much easier if you already have the transaction information documented. The form and format shown below is optional. A report printed from financial software or even a legible copy of a detailed check register that provides the same information may also be acceptable. © Superior Court of Arizona in Maricopa County PBCAT1 -072017 ALL RIGHTS RESERVED Page 11 of 13 Filin g an Amended Budget There may also be occasions when you will have to file an amended budget. The Rules of Probate Procedure require that a conservator file an amended budget within 30 days of projecting that any expense for any budget category will exceed 10 percent or $2,000 of the original budgeted amount, whichever is greater. While these documents are required to be filed with the court, their format is not mandated. However, for your convenience there are optional forms provided for these reports on the Judicial Branch website at www.azcourts.gov/probate . © Superior Court of Arizona in Maricopa County PBCAT1 -072017 ALL RIGHTS RESERVED Page 12 of 13 Important Reminders Here are some good practices to keep in mind during y our Conservator ship. Keep Your Records - As conservator, you must maintain accurate and complete records of t he financial activity for t he protected person. It is i mportant to save copies of all the forms, schedules and other r equir ed documentation y ou file with the c ourt. You may need to refer to this information later if t he c ourt has a question about the information y ou provided, and you will need to use most of t he information again in future account s. Remember Confidentiality. Except for the form coversheet, please remember that all other account documentation is considered confidential and not available for public inspection. When filing confidential documents, place the original document in an envelope that bears the case name and number, the name of t he document being filed, t he name of t he party filing t he document, and the label “Confidential Document.” Refer to Instructions - If this is your first time serving as a conservator, we understand there is a lot of information you have to familiarize yourself with. Remember to refer to your instructions when completing the account forms. You may also find it helpful to review the definitions contained in the first section of your instruction booklet. Probate Website In addition to the instructions on the probate website at www.azcourts.gov/probate, you will find additional useful information to assist you in learning more about your role and responsibilities as conservator. From this site you can select the specific form you need to complete, along with the instructions associated with that particular form. Thank y ou f or viewing this information. The welfare of the protected person is of utmost importance to the court. Please r emember to view the page on the Judicial Branch website devoted to Probate for additional information and resources. © Superior Court of Arizona in Maricopa County PBCAT1 -072017 ALL RIGHTS RESERVED Page 13 of 13 Person Filing: Address (if not protected): City, State, Zip Code: Telephone: Email Address: Lawyer’s Bar Number: Licensed Fiduciary Number: ____________________________________ Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent SUPERIOR CO URT OF ARIZONA IN ____________ COUNTY In the Matter of the Estate of: Case Number PB: DECLARATION OF COMPLETION OF TRAINING for A Deceased or Protected Person NON-LICENSED FIDUCIARIES Rule 27.1 of the Arizona Rules of Probate Procedure requires that a person to be appointed guardian, conservator, or personal representative of an estate, who is neither a state-licensed fiduciary nor a corporation, complete a training program approved by the Supreme Court of this state before permanent Letters of Appointment are issued, or within 30 days of a temporary or emergency appointment. UNDER PENALTY OF PERJURY I state to the Court that in accord with Rule 27.1 of the Arizona Rules of Probate Procedure, I have completed the required training for non-licensed, non-corporate fiduciaries, as indicated below: (Check all that apply and provide applicable information.) Unlicensed Fiduciary Date completed: Conservatorship Date completed: Personal Representative Date completed: Guardianship Date completed: Date: Signature Printed Name FOR CLERK’S USE ONLY INSTRUCTIONS: Fill out this Declaration completely and provide accurate information. Make at least one copy. You will need to file the original with the Clerk of Court and provide a copy to the Probate Registrar before receiving any permanent letters of appointment. ©Superior Court of Arizona in Maricopa County Page 1 of 1 PBDT10f-072017 ALL RIGHTS RESERVED