Procedures: How To Ask The Court To Discharge A Guardian/conservator And/or Terminate Guardianship/conservatorship

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.

Procedures: How To Ask The Court To Discharge A Guardian/conservator And/or Terminate Guardianship/conservatorship 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 Procedures: How To Ask The Court To Discharge A Guardian/conservator And/or Terminate Guardianship/conservatorship

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Procedures: How To Ask The Court To Discharge A Guardian/conservator And/or Terminate Guardianship/conservatorship:

• 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 pbgcda10pz - Procedures: How To Ask The Court To Discharge A Guardian/conservator And/or Terminate Guardianship/conservatorship 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 pbgcda10pz, 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 pbgcda10pz 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 pbgcda10pz 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 Procedures: How To Ask The Court To Discharge A Guardian/conservator And/or Terminate Guardianship/conservatorship 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 pbgcda10pz 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 pbgcda10pz, and when in doubt— consult a qualified trust & estates lawyer for that area.

Procedures: How To Ask The Court To Discharge A Guardian/conservator And/or Terminate Guardianship/conservatorship 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 pbgcda10pz - Procedures: How To Ask The Court To Discharge A Guardian/conservator And/or Terminate Guardianship/conservatorship 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.

Procedures: How To Ask The Court To Discharge A Guardian/conservator And/or Terminate Guardianship/conservatorship 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 pbgcda10pz - Procedures: How To Ask The Court To Discharge A Guardian/conservator And/or Terminate Guardianship/conservatorship. 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 Page 1 of 3 PBGCDA10p-041519 ALL RIGHTS RESERVED Law Library Resource Center Procedures: How to ask the Court to Discharge (Remove) a Guardian or Conservator and/or t o Terminate Guardianship and/or Conservatorship of an Adult Step 1 Complete the Petition for termination and/or discharge. Write neatly. Use black ink. Sign the Petition in front of a Clerk of the Superior Court or a Notary Public. (See separate “Instructions” document for help in completing the Petition. 2 File the original and copies of the petition with the Probate Administration Customer Service Counter at the Court location where your case is assigned. If you are not sure of which of the four Probate Court locations listed below your case is assigned to, call 602-506-3668, provide the case number and ask. How many copies – and for whom? You will need to bring or send the original Petition plus 1 copy for:  The Judicial Officer assigned to the case,  Yourself, and  Anyone defined as an “interested person” as listed below, who has not filed a waiver of his or her right to receive notice. • The current spouse of the ward (the incapacitated or protected adult; • Any adult children of the protected adult; • Any other person who is currently serving as court-appointed guardian or conservator for the protected adult; • Any other person (or agency) legally entitled to notice of court actions in this case, AND • If you are stating the protected adult is now capable of handling his or her own affairs, a copy for him or her as well. Filing the Petition in person: the Clerk will keep the original, stamp the copies, and return the copies to you; and direct you to Probate Court Administration. A. If fil ing in downtown Phoenix at 201 West Jefferson, after filing, walk to East Court Building, 3 rd Floor of 101 W. Jefferson, Pr obate Administration Customer Service Window to ask to schedule a hearing. Downtown Phoenix: Central Court Building, 1 st Floor 201 W est Jefferson Phoenix, AZ 85003 Northeast Phoenix: Northeast Regional Court Facility 18380 North 40 th Street Phoenix, AZ 85032 Surprise: Northwest Regional Court Facility 14264 West Tierra Buena Lane Surprise, AZ 85374 Mesa: Southeast Court Facility,1 st Floor 222 East Javelina Avenue Mesa, AZ 85210 ©Superior Court of Arizona in Maricopa County Page 2 of 3 PBGCDA10p-041519 ALL RIGHTS RESERVED 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.... 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: Filing by mail: If you are mailing the documents, include One 8.5” x 11 self-addressed, stamped envelope so the hearing date and copies of the Petition can be mailed back to you. • The Probate Clerk will stamp the original and copies, file the original, and give the copies to Probate Court Administration. • Probate Court Administration will schedule a hearing. • Date-stamped copies of the Petition and the hearing date and time will be mailed to you. You will need to fill in the Hearing date and time on the “Notice of Hearing,” which you will provide along with a copy of the Petition, to all interested parties. 3 Give notice of the hearing to everyone entitled to notice. • Provide a copy of the Petition and Notice of Hearing to all interested persons. • You do not need to give “formal notice” by process server or sheriff. • First-class mail with enough postage to ensure delivery is sufficient. • Certified mail with return-receipt is not required but provides proof of delivery. • Mail or deliver the Petition and the Notice of Hearing at least 14 days before the hearing. Note: If you cannot locate an “interested party” who has not signed a “Waiver of Notice”, you may give notice by publication that is, by running a legal notice advertisement. See A.R.S. §14-1401 (A) (3) and the Law Library Resource Center packet on “Service When You Cannot Find the Other Party” for more information. 4 After giving notice to all interested persons • Complete the Affidavit of Notice stating how and when you gave notice. • Make two (2) copies of the:  Notice of Hearing  Affidavit of Notice  The Court Order Discharging and/or Terminating; • You may file these papers with the Court before the hearing or bring them with you to the hearing. • If you file the documents before the hearing, the Clerk will stamp the original and copies and return the copies for you to bring the copies with you to the hearing. • If you are mailing these documents to the Court: ©Superior Court of Arizona in Maricopa County Page 3 of 3 PBGCDA10p-041519 ALL RIGHTS RESERVED  Make a copy before mailing to keep and bring to the hearing;  It is recommended that you post them 10 full days before the hearing.  The Clerk of Superior Court will file the originals for you and deliver the copies to the Judicial Officer assigned to the hearing.  Remember to bring your copies of the documents to the hearing. 5 Attend the hearing: Be prepared to tell the Judge or Commissioner why the guardianship and/or conservatorship should end and/or why the guardian and/or conservator should be discharged, and if applicable, why the funds or property should be released. Note: If you or the Ward/protected adult live out-of-state, you may ask the court in writing to allow you and/or the Ward to “appear” by telephone. It is up to the Judge whether you can appear telephonically, or whether you and/or the Ward must appear in person. At the Hearing: If your petition includes a request for release of funds and the Court grants your request, the Judge will sign the Order authorizing the release of the restricted funds. You or the former ward can request a certified copy of the Order from the Probate Registrar Clerk of Superior Court to give to the bank or financial institution where the restricted account is located. -- Note: If funds are located at multiple banks or other financial institutions, you may need multiple certified copies of the Order. • When you get the certified copy of the Order the bank or other financial institution will release the funds to you or to the replacement (“successor”) conservator or to the formerly protected person. Remember to take valid photo identification with you to the bank or other financial institution for the release of funds. Note: Having the new and the old conservator (or the formerly protected person and the former conservator) go to the bank together may be helpful in reducing the amount of time required to release funds or change account information. • Be sure that you and the former conservator or former ward agree upon the amount released. • Have the former protected person or successor conservator sign the Receipt of Restricted Funds in front of a Notary Public. Most banks have Notary Public service. • Mail or Deliver a Receipt of Restricted Funds to the Court. The Order will also require you to file a Receipt of Restricted Funds within 30 days from the date of the court Order, signed by the former protected person or the successor (replacement) conservator. • Mail the Receipt to Probate Court Administration at the address where you filed. This is to prove to the Court that: • You followed the court order, and • The amount everyone thought was in the account was actually there, and • The money was released to the former protected person or successor conservator. All forms referred to in these Instructions are available for purchase at the Law Library Resource Center.