Helpful Information: Providing Legal Notice

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.

Helpful Information: Providing Legal Notice 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 Helpful Information: Providing Legal Notice

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Helpful Information: Providing Legal Notice:

• 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 pbgc20hz - Helpful Information: Providing Legal Notice 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 pbgc20hz, 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 pbgc20hz 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 pbgc20hz 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 Helpful Information: Providing Legal Notice 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?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

Sponsored by Atticus App

Need help with Arizona Probate?

Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.

Start for free

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 pbgc20hz 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 pbgc20hz, and when in doubt— consult a qualified trust & estates lawyer for that area.

Helpful Information: Providing Legal Notice 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 pbgc20hz - Helpful Information: Providing Legal Notice 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.

Helpful Information: Providing Legal Notice 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 pbgc20hz - Helpful Information: Providing Legal Notice. You can use this to get an idea of the context of the form and what type of information is needed.

LAW LIBRARY RESOURCE CENTER HELPFUL INFORMATION ON LEGAL NOTICE FOR GUARDIANSHIPS AND CONSERVATORSHIPS 1. WHAT IS “LEGAL NOTICE TO ALL INTERESTED PERSONS”? After you have filled out and filed the guardianship and/or conservatorship petition and other documents with the Court, you must inform all “interested persons” of what you have filed and what you have asked the court to do. Interested persons are people (or agencies) who have a legal right to be notified of court actions that may affect the person said to need the guardian or conservator. A. WHAT COURT DOCUMENTS AM I REQUIRED TO GIVE NOTICE OF? Copies of which documents have to be delivered according to law? 1. The “Petition” explains what you want the court to do and why. 2. The “Affidavit of Person to be Appointed” contains information about the person who is to serve as guardian or conservator. 3. The “Notice of Hearing” lists the time, date, and location of the court hearing and the name of the Judicial Officer assigned to hear the case. After notice has been served to all those entitled to receive it and in a manner required or permitted by law, you must then fill out and file a DECLARATION OF NOTICE PROVIDED (see section C, below) to tell the Court who you gave notice to, how notice was given, what documents were provided, and when. B. HOW AM I ALLOWED OR REQUIRED TO GIVE LEGAL NOTICE? 1. Personal Service (delivery by sheriff, private process server, or recipient signs an “ACCEPTANCE OF SERVICE” 2. Mail or Hand-Delivery (not always permitted) 3. Publication (run a legal notice advertisement. This MAY be permitted if after all reasonable efforts you still cannot find the person or his or her address) Personal Service requires that a registered process server or the sheriff serves the documents on the interested persons or that those persons voluntarily sign an ACCEPTANCE OF SERVICE form in the presence of a Notary Public or Deputy Clerk of Court. Personal service is NOT required in all cases. When personal service is required, it means the law is written to make sure that a person who needs notice of a case gets the notice. For more detailed information on personal service, refer to #4 below. Mail and Hand-Delivery are less formal methods of giving notice, but are not permitted in all cases. When you are permitted to give notice by mail, 1st class postage-prepaid mail is usually acceptable to the court. Certified mail with return- receipt is an optional extra step you can take to prove delivery. Make sure you are allowed to use mail or hand-delivery in the type of case you are involved in, and for any particular persons you want to give notice to by these methods. See 3C below for more information. ©Superior Court of Arizona in Maricopa County PBGC20h-092612 ALL RIGHTS RESERVED Page 1 of 4 Publication of Notice is used when you do not know the address of the person to whom you need to give notice, and after you have done everything you could to try to find the person you are still unable to come up with an address. Notice is then published at least 3 times in a newspaper in the county where the court hearing is held. WARNING! If the Court is not satisfied that you have made every reasonable effort to find an address and have the papers personally delivered, you may be required to take additional steps adding delay and expense to your case, and then have to publish again. For more detailed information on Service by Publication, review the “Procedures: How to Serve Legal Papers by Publication”, which is in the #2 “SERVICE” packet. C. HOW DO I SHOW THE COURT THAT I GAVE NOTICE? • Fill out and file a DECLARATION OF NOTICE PROVIDED form with the court to show who you gave notice to, when, and how. Fill out this form after the documents have been delivered or you have otherwise served notice on all interested persons. • Submit other documents required to support the DECLARATION OF NOTICE PROVIDED. Depending on method(s) of service (how Notice was given), this may include one or more of the following: ( an) 1. Acceptance of Service signed by the person receiving notice, 2. Affidavit of Publication supplied by the newspaper if serving by publication, 3. Affidavit of Service signed by the process server or sheriff. D. WHEN CAN I SKIP GIVING LEGAL NOTICE? 1. When a person entitled or required to receive notice signs a WAIVER giving up the right to receive notice of court filings and proceedings in this matter. Please note: If an incapacitated adult for whom the guardian or conservator is to be appointed signs a Waiver, he or she must attend the hearing for service to be valid. 2. When the person to receive notice is present at the hearing and will accept service. Only rely on this method if you are absolutely certain the person will be at the hearing and will accept service. 2. WHEN MUST LEGAL NOTICE BE GIVEN? WHAT TIME FRAMES? Generally, you must give all interested persons notice of the court papers at least 14 days before the hearing. If you are giving NOTICE BY PUBLICATION, the date of the first publication must be at least 14 days before the hearing. Note: The newspaper will provide an AFFIDAVIT OF PUBLICATION after all 3 notices have been published to show proof that the ad has run. 3. WHO ARE “INTERESTED PERSONS”? According to Arizona law (A.R.S. § 14-5309 AND 14-5405) notice must be given to: ©Superior Court of Arizona in Maricopa County PBGC20h-092612 ALL RIGHTS RESERVED Page 2 of 4 A. THE PERSON TO BE PROTECTED (incapacitated adult or a minor): Personally serve the adult (or a minor aged 14 or over) said to need the guardian/conservator. Neither ACCEPTANCE OF SERVICE nor WAIVER OF NOTICE by the person said to need a guardian or conservator is legal unless he or she also attends the court hearing. B. THE PARENTS AND SPOUSE (if applicable) of the person to be protected: 1. Personally serve the spouse and parents if they are in Arizona; 2. Serve by mail or hand-delivery if not in Arizona; or 3. Serve by publication if you do not know and cannot find the address after all reasonable efforts. You will have to describe those efforts to the court. C. OTHERS: You may give notice by mail, hand-delivery or publication to: 1. Any adult children of the person to be protected; 2. Any person who is serving as the guardian or conservator or who has the care and custody of the person to be protected;* 3. If the person to be protected has no parent or spouse or adult children, then to the closest adult relative, if any can be found, AND 4. Any person who has filed a “DEMAND FOR NOTICE” with the Court.* * This may also include agencies such as Adult Protective Services or the VA. 4. THE METHODS OF PERSONAL SERVICE: PLEASE NOTE: “PERSONAL SERVICE” DOES NOT MEAN THAT YOU PERSONALLY HAND-DELIVER THE PAPERS* *though you MAY be able to do that if the person receiving them is willing to voluntarily sign an ACCEPTANCE OF SERVICE as described below. A. ACCEPTANCE OF SERVICE: This method requires that you give or mail copies of the court papers and include an “Acceptance of Service” form. The other party must sign the “Acceptance” in front of a Notary and return it to you, or file it with the court himself (herself), but it can’t be signed in advance of the date you filed the petition with the court. Signing this form does not mean the person agrees; only that he or she admits receiving the papers without being served in person by a Sheriff or Process Server. B. PROCESS SERVER: You must hire and pay a Registered Process Server yourself. You may locate process servers in the commercial section of the phone book under PROCESS SERVER, or online by using the search term “Arizona process servers” or similar, or at the web site of the Arizona Process Servers Association at: http://arizonaprocessservers.org/ • May offer greater flexibility in serving papers “after-hours” or on short notice. • Are paid directly by you, not through the court. • Fees may not be deferred or waived by the court. • Fees vary. Compare. ©Superior Court of Arizona in Maricopa County PBGC20h-092612 ALL RIGHTS RESERVED Page 3 of 4 C. SHERIFF: This method requires you to contact the Sheriff's Office in the county where the person to receive notice lives to arrange for a Sheriff's deputy to serve the papers. This method requires you to pay a fee to the Sheriff's office, unless you apply for and receive a fee deferral or waiver. A deferral or waiver application is available through the Court in the county service where notice is to be delivered for persons who cannot afford the cost. The Application will require you to explain why your circumstances call for service by sheriff. 5. HOW DO I LET THE COURT KNOW NOTICE HAS BEEN GIVEN? You will be filing the “Declaration of Notice Provided” form and supporting documents referred to immediately above and in section “1.C.” on page 2 of this document to inform the court of who you gave notice to, when, and how. 6. WHAT ELSE TO KNOW ABOUT LEGAL NOTICE: A. AFTER “INTERESTED PERSONS” RECEIVE NOTICE, THEY MAY: 1. Do nothing, if they agree with, or at least do not want to file papers or show up in court to disagree with your request, OR 2. File a Response, if they want to: • Object to what the Court has been asked to order, • Disagree with something stated in the Petition or other court papers, or • Tell the Judge/Commissioner something besides what is in the Petition. Filing a Response requires payment of a filing fee, unless deferred (granted a payment plan). If the Response is written, copies must be delivered to all the interested parties. The Self - Service Center has a packet titled “Guardianship and/or Conservatorship: To Object to a Court Proceeding” with court forms and instructions to file a response. B. AFTER “NOTICE” COMES THE HEARING.* Carefully read and follow the directions on the applicable instruction and procedure documents in the #2 SERVICE packet to properly serve notice and to then file your proof of service with the Court. See Self-Service Center packet #3, “Preparing for and Attending the Court Hearing” for court forms and instructions on how to complete the forms you will need to bring with you to the hearing and helpful information on how to otherwise prepare. *IMPORTANT: BEFORE THE HEARING the proposed guardian or conservator, if not a state-licensed fiduciary, must complete court-approved training. See “Important Notice Regarding Training Requirements” in this packet. C. OTHER HELP: Court employees can answer questions about court procedures but only an attorney can give legal advice. The Self-Service Center has a list of lawyers whom you can hire to advise you on how to handle your case yourself, or to help you on a task-by-task basis for a fee, and a list of mediators who may be able to help resolve disputes as well. You will find both lists online. The Probate Lawyers Assistance Project (PLAP) offers a 30-minute consultation for a low flat fee or free, depending on financial situation. Consultations are by appointment only, on Wednesdays, at the offices of the Maricopa County Bar Association at 303 East Palm Lane in Phoenix. Call 602-732-2834 to schedule an appointment. ©Superior Court of Arizona in Maricopa County PBGC20h-092612 ALL RIGHTS RESERVED Page 4 of 4