Procedures: How To Serve Legal Papers--by Publication

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 Serve Legal Papers--by Publication 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 Serve Legal Papers--by Publication

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Procedures: How To Serve Legal Papers--by Publication:

• 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 pb25pz - Procedures: How To Serve Legal Papers--by Publication 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 pb25pz, 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 pb25pz 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 pb25pz 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 Serve Legal Papers--by Publication 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 pb25pz 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 pb25pz, and when in doubt— consult a qualified trust & estates lawyer for that area.

Procedures: How To Serve Legal Papers--by Publication 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 pb25pz - Procedures: How To Serve Legal Papers--by Publication 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 Serve Legal Papers--by Publication 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 pb25pz - Procedures: How To Serve Legal Papers--by Publication. 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 PB25p-082719 ALL RIGHTS RESERVED Page 1 of 2 Law Library Resource Center Procedures: How to serve legal papers by publication In matters of guardianship, conservatorship, probate of estate, and the sale of real property (Arrange for service AFTER you have filed your papers in court.) STEP 1 Complete attached letter to newspaper describing the documents that need to be referenced by the newspaper, and submit copies of those documents along with the letter to the paper. A. If you have a court order waiving/deferring costs of publication, you must publish in The Record Reporter. MAIL OR DELIVER the letter that is attached to this form, a copy of the documents you filed with the Clerk, and the CERTIFIED ORDER WAIVING/ DEFERRING COSTS of PUBLICATION to: • Arizona Business Gazette: Call 602-444-7915 or e-mail legal.advertising@pni.com OR • The Record Reporter, 2025 N. Third Street, #155, Phoenix AZ 85004. – OR – B. If you are paying the cost of publication, you may use any newspaper of “general circulation” in this county. Note that: 1. There are numerous eligible publications other than the one mentioned above; 2. The Arizona Corporation Commission maintains a list of eligible publications along with their contact information online at: http://www.azcc.gov/Divisions/Corporations/Newspaper-list-for-publishing.pdf. 3. Fees vary. You may call and ask for “Legal Advertising” to compare prices. STEP 2 WHEN TO FILE: • Wait (about 5 weeks) for the newspaper to send you an AFFIDAVIT OF PUBLICATION, which will include the notice that was published, and the dates of publication. Some newspapers will file this document with the Court for you. If the newspaper sends you TWO copies or an original, it is intended for you to file one. Always verify with the Probate Clerk that the AFFIDAVIT OF PUBLICATION gets filed. STEP 3 GATHER THE PAPERWORK: (Caution: Be aware of confusingly similar document names.) • Complete the DECLARATION SUPPORTING PUBLICATION (PB25f), found in the Forms packet, to describe the efforts you made to locate and serve notice before resorting to publication. • If the newspaper has not already filed the AFFIDAVIT OF PUBLICATION, make sure it gets filed by submitting it with the DECLARATION SUPPORTING PUBLICATION. • Copy of both of the above (Affidavit and Declaration) documents for your records. STEP 4 FILE YOUR DOCUMENTS WITH THE COURT: • The original DECLARATION SUPPORTING PUBLICATION, and • The original of AFFIDAVIT OF PUBLICATION (unless the newspaper filed it for you). (And bring a copy of the AFFIDAVIT OF PUBLICATION to the hearing.) © Superior Court of Arizona in Maricopa County PB25p-082719 ALL RIGHTS RESERVED Page 2 of 2 LETTER TO NEWSPAPER Print Your Name: Your Address: Date: Name of Newspaper Address To Whom It May Concern: I need to publish notice in the newspaper about the following matter: Probate Court Case No. , which concerns the following: (check one box) Guardianship and/or Conservatorship matter about _________________ (name of person with guardian and/or conservator) OR Estate of ________________, deceased, OR Sale of Real Property . _____________________________________Please Note: The first publication Print street address of subject property of this NOTICE must be published at least fourteen (14) days before the scheduled hearing, or by ____________. Print Date Enclosed is a copy of the following documents stamped by the Clerk of Court (check all that apply): “Notice of Hearing” for matter about guardian and/or conservator, OR Petition, OR “Notice to Creditors” for probate of an estate, OR (If no Will) An Application for Appointment of Personal Representative without a Will, OR (If a Will) An Application for Informal Probate of a Will and for Appointment of a Personal Representative. Please publish Notice in your newspaper about this court case once a week for three successive weeks. Also enclosed is (check one box) A check or money order in the amount of $ __________for the cost of the publication as requested, OR, A certified copy of the Order from the court waiving/deferring the publication costs. When you receive this letter, please call me at ______________ to tell me when the first publication will occur. When all three weeks of publication have been completed, please file the original and send me one copy of the Affidavit of Publication. Sincerely, Your Signature Enclosures