Instructions To Complete And File A Petition For Temporary Guardian And/or Conservator

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.

Instructions To Complete And File A Petition For Temporary Guardian And/or Conservator 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 Instructions To Complete And File A Petition For Temporary Guardian And/or Conservator

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions To Complete And File A Petition For Temporary Guardian And/or Conservator:

• 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 pbgct10pz - Instructions To Complete And File A Petition For Temporary Guardian And/or Conservator 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 pbgct10pz, 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 pbgct10pz 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 pbgct10pz 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 Instructions To Complete And File A Petition For Temporary Guardian And/or Conservator 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.

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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 pbgct10pz 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 pbgct10pz, and when in doubt— consult a qualified trust & estates lawyer for that area.

Instructions To Complete And File A Petition For Temporary Guardian And/or Conservator 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 pbgct10pz - Instructions To Complete And File A Petition For Temporary Guardian And/or Conservator 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.

Instructions To Complete And File A Petition For Temporary Guardian And/or Conservator 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 pbgct10pz - Instructions To Complete And File A Petition For Temporary Guardian And/or Conservator. You can use this to get an idea of the context of the form and what type of information is needed.

© Superior Court of Arizona in Maricopa County PBGCT10p 041519 ALL RIGHTS RESERVED Page 1 of 6 Law Library Resource Center Procedures: How to get a Guardian and/or Conservator for an Adult ----------- on a Temporary and/or Emergency basis 1.Introduction: These are the steps to ask the court to appoint a temporary guardian or conservator for a -------- adult. A temporary guardianship or c onservatorship appointment may be requested when you need the guardian or conservator for a set period of time of no more than six months, and/or that there is an emergency that requires immediate appointment action to protect a person who cannot handle his or her own affairs, or to deal with and protect that person’s income and assets. Sometimes a person needs a guardian or a conservator appointed without prior notice (“ex parte”) to that person or others who would otherwise be entitled to receive notic e of such a legal action. This means that the temporary appointment is done very fast and without letting others know about it ahead of time. This is a very serious matter. The judge will not grant the temporary appointment without notice unless you have a very good reason and can prove that immediate and irreparable injury, loss, or damage will result before notice can be given. 2.Complete the paperwork for the temporary order: Decide if you are applying for a guardianship, a conservatorship, or both. If you are not sure, the Law Library Resource Center has information and training to describe the differences between the different appointments. Fill out all the forms for the Temporary appointment completely and in black ink. Make 3 c opies of the completed forms. The forms you need to complete are the following: •Petition for Appointment of temporary guardian/conservator. If this is a petition for an adult, attach a copy of the latest doctor report to the petition. If you do not have this report, then you must make the doctor available to give testimony at the court hearing. Inform the judge’s staff you will need a telephone at the hearing to call the doctor. •Notice of Hearing on Appointment of a temporary guardian and/or conservator. This is the document the judge’s staff will complete if the judge dec ides that you need a hearing and need to give advance notice of the hearing. •Order appointing temporary guardian/conservator. •Letters of Appointment of temporary guardian/conservator, and acceptance of appointment. •Order to guardians and conservators. Remember to s ign the acknowledgment on last page of the order (this document is only for guardian/conservator for an adult). © Superior Court of Arizona in Maricopa County PBGCT10p 041519 ALL RIGHTS RESERVED Page 2 of 6 3.If applicable, c omplete the paperwork for the Permanent order: Complete the forms for the appointment of the Permanent guardian and/or conservator. The following is the list of forms you need to start the case for the permanent appointment. •Probate Cover Sheet: for guardianship and conservatorships for an adult ------ •Petition for Appointment of Guardian and/or Conservator: (adult --------) •Affidavit of Proposed Appointee: pursuant to A.R.S. §14-5106 (adult --------) •Information Sheet to Court Investigator: (adult only) •Instruc tions and Request for Hearing Date: (adult ----------) 4.Make copies of all the paperwork: make 3 copies of all the forms. Assemble the copies so that you have 4 complete packets -- the originals and 3 sets of copies. 5.File the papers at the court: determine where to file the court forms . There are 4 locations of the Superior Court in Maricopa County—Downtown Phoenix, Northeast Phoenix, the Southeast Facility in Mesa and the Northwest Facility in Surprise. The Southeast Court is for persons who live in Mesa, Tempe, Chandler, Gilbert, and Apache Junction to the southern border of the Salt River bed, although it does not include Scottsdale. Select the appropriate site to file the initial court papers. All Superior Court locations are open 8:00 a.m. – 5:00 p.m. Downtown Phoenix: Central Court Building, 1 st floor 201 W est Jefferson Phoenix, AZ 8 5003 Northeast Phoenix: Northeast Regional Court Facility 18380 North 40 th S treet Phoenix, AZ 85032 Surprise: Northwest Regional Court Facility 14264 West Ti erra Buena Lane Surprise, AZ 85374 Mesa: Southeast Court Facility,1 st floor 222 East Javelina Avenue Mesa, AZ 85210 G o to the Clerk’s office: take the original and 3 copies of the following documents to the Clerk of Superior Court, Probate Registrar: •P robate Cover Sheet •Petition for Appointment of temporary guardian and/or conservator •(if applicable) Petition for Appointment of Permanent guardian and/or conservator (with request for appointment of attorney, physician, and court investigator/visitor (adult only)); and •Affidavit of Proposed Appointee pursuant to A.R.S. §14-5106 •Information Sheet For Court Investigator (adult only) Pay your filing fee: a list of current fees is available from the Law Library Resource Center and from the Clerk of Superior Court’s website. I f 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) when you file your papers with the Clerk of Superior Court. Deferral applications are available at no charge from the Law Library Resource Center. © Superior Court of Arizona in Maricopa County PBGCT10p 041519 ALL RIGHTS RESERVED Page 3 of 6 What the Clerk of Superior Court will do: the clerk will file the original probate cover sheet. The clerk will file originals of the following documents, and give you back clerk-stamped copies to show these documents were filled: •P etition for Appointment of temporary guardian/conservator; •(if applicable) Petition for A ppointment of permanent guardian/conservator of a minor or an adult; and •Affidavit of Proposed Appointee. No te Y our “pb” Case Number: The case number assigned is stamped in the upper right-hand corner of all the documents the clerk stamped for you. The case number always starts with the initials “ pb”. Use this number on every paper you file with the court from now on. 6.G et the permanent hearing date scheduled (if applicable). Take originals of one or both of these papers to Probate Court Administration. A.If filing in Downtown Phoenix at 201 West Jefferson, after filing, walk to the East Court Building , 3 rd floor, to Probate Court Administration Customer Service Counter to immediately ask to schedule a hearing. Take the following papers: •P etitioner’s information sheet to Court Investigator (adults only), •I nstructions and request for hearing date (adults or minors); and T ake 2 copies of these conformed (Clerk stamped) papers to Probate Court Administration: •P etition for Appointment of guardian and/or conservator, •A ffidavit of Proposed Appointee pursuant to A.R.S. §14-5106, and •I nformation Sheet to Court Investigator (adult only) P robate Court Administration will schedule the permanent hearing on the form called instructions and request for hearing date and return it to you. Now you know the date, time, and location of the hearing on the permanent appointment (if applicable), and the name of the judicial officer who will hear the case. – or --- B . If filing at a court location where there is no Calendar Clerk available, •Wait until 2 or 3 days after filing (so Clerk can see information in the data system) •Call 602-506-5510 and tell the Clerk you need to schedule a hearing. •Provide your case number to the Clerk. •The Clerk will tell you the date, time, and location of the hearing as well as the name of the Judicial Officer assigned to conduct the hearing. •Please write down the date, time, and location of the hearing! Do not lose it......Or.... © Superior Court of Arizona in Maricopa County PBGCT10p 041519 ALL RIGHTS RESERVED Page 4 of 6 C. If filing at a court location where there is no Calendar Clerk, and you do not want to wait 3 to 5 days: • Bring your documents to the downtown Phoenix Probate Administration (East Court Building, 101 West Jefferson, 3 rd Floor) Customer Service Counter in person to schedule the hearing. • Present one Clerk-stamped conformed copy of the documents to Probate Administration: 7. To get the hearing on the temporary emergency appointment scheduled: Take these documents to the office of the presiding probate judge, which is in the same building as the Probate Court Administration: • Conformed copy of Petition for Appointment of temporary guardian or conservator • Original and copy of Order of Appointment of temporary guardian or conservator • Original and copy of Notice of Hearing for a temporary guardian and/or conservator • Original and copy of Order to guardians and/or conservators (only if applying for guardianship/conservatorship for and adult) • Original and copy of Letters of Temporary Appointment of guardian and/or conservator, and Acceptance of Appointment • Conformed copy of Petition for Appointment of permanent guardian and/or conservator (if applicable) • Conformed copy of Affidavit of Proposed Appointee pursuant to A.R.S. § 14-5106 • Copy of instructions and Request for Hearing Date that was highlighted with a colored marker by Probate Court Administration to show the date, time, place, and judge for the hearing. The judge will decide whether to give you a hearing, and whether the hearing must be with notice. If the judge’s staff completes the notice of hearing form, that means you need to give notice of the hearing to everyone entitled to notice before the hearing. 8. To get the lawyer appointed (for adults only): If this is a guardianship and/or conservatorship for an adult, the person you say needs a guardian and/or conservator must also have a lawyer, whether the hearing is with or without notice. If there is no lawyer already representing him/her in this matter, you must call for a court-appointed lawyer. Call the Office Of Court-Appointed Counsel (OCAC), 602-506-7228, between 8:00 a.m. And 5:00 p.m., Monday through Friday. Be prepared to give the following information: • That you need the name of a lawyer for appointment on a petition for a temporary guardian and/or conservator for an adult; © Superior Court of Arizona in Maricopa County PBGCT10p 041519 ALL RIGHTS RESERVED Page 5 of 6 • The pb case number; • The name of the person who needs a guardian and/or conservator and the address and phone number where that person is currently living; and • The date and time of the scheduled court hearing and the name of the judge or commissioner who will be hearing the matter. 9. Give notice about the court case: (A.R.S. §§ 14-5310 and 5401.) If this is an emergency hearing, with notice, you must give notice to everyone just like a petition to appoint or remove a guardian and/or conservator. See Packet no. 2-- Service and Notice of the court hearing. Notice must be complete prior to the hearing. If this is an emergency hearing, without notice, you must give notice to the person you say needs the temporary emergency guardianship and/or conservatorship by personal service within 72 hours of the date and time of the court order. No other method of notice is allowed in these cases. Give notice to everyone else just like a Petition for Appointment or Removal of a guardian and/or conservator. After giving legal notice as instructed, you would file the following documents: • Notice of hearing on temporary appointment, • Waiver of notice of hearing (if applicable), and • Proof of notice of hearing 10. Before the hearing: if you were required to give advance notice of the temporary emergency hearing, file the originals of the following documents: Notice of hearing, Waiver of notice, (if applicable), and Proof of notice. Note: Bring copies of all 3 documents to the office of the judge who will hear the temporary petition. Do this as soon as possible, at least 5 business days before the hearing on the temporary petition. Otherwise, bring these documents with you to the hearing. 11. At the hearing: bring to the hearing the originals and 1 copy of Letters of Temporary Appointment and Acceptance of Appointment. Tell the judge about the case, and why the temporary appointment is necessary. Bring all paperwork with you that you think is applicable, such as reports about the person you say needs the guardian and/or conservator, financial records for the person, etc. If this is a temporary appointment for an adult: you will need to have the doctor testify by telephone. Call the doctor’s office ahead of time to arrange this, and tell the judge’s staff the name and telephone number of the doctor so they can connect the telephone for the court hearing. 12. After the court hearing (go to the probate clerk): If the judge signs the order of temporary appointment, take the order to the clerk’s office to be filed. Also take the original and copy of the letters of temporary appointment. © Superior Court of Arizona in Maricopa County PBGCT10p 041519 ALL RIGHTS RESERVED Page 6 of 6 The Clerk of Superior Court will complete the letters, you will sign the acceptance, and then you will need a certified copy to show you are the official person appointed by the judge. A list of current fees is available from the law library resource center and from the Clerk of Superior Court’s website. If you did not already give legal notice about the petition for temporary appointment and the court hearing as described in step 10, you must now give notice of the court papers and the hearing to everyone who is entitled to know about the court case before the hearing date. 13. Other help: court personnel can answer questions about procedures, but only a lawyer can give legal advice. The Law Library Resource Center has a list of lawyers who will, for a fee, assist you on a task-by-task basis or advise you on how to conduct your own case. You may view the list at the Law Library Resource Center or on the court’s web site.