Thursday, February 23, 2012

Notice to Creditors

ARS 14-3801 requires that two kinds of notice be given to the creditors of a decedent's estate. In the first place, the personal representative must publish notice to creditors once a week for three consecutive weeks. Secondly, the personal representative must notify all “known creditors” either by mail or by other delivery. These notices inform creditors of the need to file a claim with the estate before the deadline for filing such claims passes. Most distributions from the estate can only take place after this deadline has passed.
Notice by publication
Notice by publication must be given at the time of appointment. The notice must be published in a “a newspaper of general circulation in the county.” A good list of such newspapers can be found at  http://www.azcc.gov/divisions/corporations/filings/forms/newspubs.pdf. This list was compiled with respect to a different statute with the same standard. Various factors including cost, convenience, cooperation, etc. set publishers apart from each other. Select a publisher that meets the needs of your client.
Notice by mail
All known creditors must receive notice by mail or other delivery. The term “known creditors” isn't defined, but counsel for personal representatives should consider a broad definition and err on the side of sending such notice. If, during the course of estate administration, the court were to determine that a given creditor that didn't receive notice by mail or delivery is a “known creditor,” the deadline for this creditor to file a claim against the estate would be extended. The reality of this risk increases the incentive to send notice by mail to any potential creditor for whom an address is reasonably available.
Deadline for filing a claim
In general, creditors may file a claim against the estate for 120 days (basically four months) after the first publication date. In most cases, this deadline applies to “known creditors” as well as creditors for whom notice is given by publication. However, if notice by mail or delivery is given more than 60 days after the first date of publication, the known creditor may continue to file a claim against the estate until 60 days have passed after the mailing or delivery of the notice.
The filing of a claim
ARS 14-3804 provides that, to file a claim, a creditor merely needs to mail or deliver to the personal representative a written statement of the claim, which is a written document that indicates the basis of the claim, the name and address of the claimant and the amount claimed. The claim is deemed presented on receipt of the written statement of claim by the personal representative. It is not necessary that this information be provided in particular form. For instance, an invoice or other correspondence that is received by the personal representative (or counsel for the personal representative) and that contains this information will, in most cases, constitute the filing of a claim against the estate.
The statutes relating to claims against the estate contain many provisions that are not considered in this short article. Consider reviewing these statutes, primarily ARS 14-3801 through 14-3816.

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