Getting Assistance Article


Certified Fiduicaries

A certified fiduciary is an individual or business serving as a court appointed guardian, conservator or personal representative (probate) for one or more persons, charging a fee, unrelated to the person or decedent and is not nominated in the will.

Each county in Arizona has a probate court which is part of the state’s court system. This probate court appoints the guardians for incapacitated persons, conservators for persons whose assets require protection, and personal representatives for the administration of decedents’ estates.

A guardian is appointed by the probate court to ensure the personal and medical needs of an incapacitated person are met. A person is determined by the court to be incapacitated when he or she lacks sufficient understanding to make or communicate responsible decisions about his or her daily living needs. Incapacity is usually a result of physical or mental illness, accident or dementia.

A conservator is appointed by the probate court to manage the financial affairs of someone who is determined by the court to be unable to manage his or her own finances or property.

A personal representative is appointed by the probate court to administer the estate of a person who died. The personal representative is responsible for identifying, inventorying and protecting all of the assets in the estate, paying bills and allowable claims against the estate, locating all of the heirs and beneficiaries, paying the administrative costs of probating the estate, and distributing the remaining assets to the heirs or beneficiaries.

Under Arizona law a professional fiduciary must be certified with the Arizona Supreme Court in order to be eligible for appointment by a probate court as a guardian, conservator or personal representative. State law requires that to become certified, fiduciaries must meet certain eligibility requirements. A directory of state-certified fiduciaries and businesses is available on the Certified Fiduciary Program website .

You can write to : Fiduciary Certification Program, Arizona Supreme Court, 1501 West Washington, Suite 104, Phoenix, AZ 85007-3327 or by calling (602) 452-3378. NOTE: The Program cannot refer you to a specific certified fiduciary or business for services. A complaint form is available on the website.


Comments:

QUESTIONS

  • When my son was arrested somehow he was wrongfully charged. It shows the wrong charges on the Az Court Records Search. I asked our attorney at the time to get the wrong charges removed but as we found out today, he did not do that... What can we do to get this taken care of? Who actually sits at a computer and puts these charges on the records search for any one to see?
  • About a judgement against me and can't afford to pay.
  • I need at least advice if not an attorney to represent me. I am being charged with a midemeanor and charged with writing a bad check. Please direct me to free help as I have no money.
  • I was divorced in 2009. I was awarded 3 years spousal support. Ex husband paid for 6 months, quit his job and left the state and has not paid any alimony in one year. I need help to file the right forms to collect this due alimony.
  • I need to prepare a writ for the Superior court of Maricopa county. I have a judgment and want the sheriff to go out and seize something. The court keeps sending my packet back to me saying I don't have this or I need that but do not explain how to do it. Very frustrating. The current reject says "....the writ you are submitting to get issued to the Superior Court is the paperwork for a Justice Court". Searched for hours and cannot find any such application for Superior Court on a writ.
  • I live in San Diego now, but was receiving UI from Arizona. My benefits were cut because I am in a training program that pays a stipend. UI insists that the stipend is income, but no taxes were taken out. I need to file an appeal.
  • Is Arizona a common-law marriage state? If two seniors have been living together for more than ten years without being married and one passes away, will the living senior be responsible for the debts of the deceased.
  • If someone has been claiming on tax forms another person who is cohabitating with them, who is responsible and for what?
  • My wife passed away on 1/1/13.She had an accounts in bank.They refused to let have her account balance (app $2,000?) without going to "probate".I'm very confused! What do I need to do ? Thank You
  • The decedent's will is in the office of his former attorney in Arizona. He died as a resident of another state. His final state of residence requires the original will in order to register it. How do I get the original will from the Arizona attorney?

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FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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