Distribution of Probate Assets

Spreadsheet

Meet with the client and prepare an Excel Spreadsheet that calculates what the distribution should be.  The distribution template is the Probate Estate Distribution Calculation Spreadsheet

Proposal for Dist

B. After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. The right of any distributee to object to the proposed distribution on the basis of the kind or value of asset the person is to receive, if not waived earlier in writing, terminates if the person fails to object in writing received by the personal representative within thirty days after mailing or delivery of the proposal.

A template for the proposal for distribution is Proposal for Distribution.

Proof of mailing of the proposal for distribution is Proof of Mailing of Proposal for Distribution

Deeds & Instruments

According to ARS § 14-3907, if there is going to be an in-kind distribution of real property, you must prepare a deed of distribution of real property. Deed of Distribution as to Real Property  Have the Personal Representative sign the deed before a notary public.  Then file the original deed with the probate clerk.  Request a certified copy of the deed from the probate clerk.  Record the certified copy of the deed with the county recorder in the county which is the location of the real property.

The addresses of all Arizona County Recorders are listed here.

According to ARS § 14-3907, if you are going to distribute property other than real property on an in-kind basis, do so using an Instrument of Distribution.  Some examples of the kinds of property that would be distributed in this way include motor vehicles, coin collections, works of art, etc.  Notice that the motor vehicle is a titled asset, and that it also requires the personal representative to sign off on the title, transferring it to the beneficiary.

Receipt

In addition to Instruments of Distribution, each recipient must sign a receipt, which must then be filed with the Court.  Receipt for Distribution   If the recipient is only getting a specific devised of a particular assets, fill in the receipt by specifically describing the particular asset.  If the recipient is a residuary devisee or a general heir, indicate that he is receiving his "full distributive share" of the estate.  It is best practice to have the recipient sign the receipt before the property is distributed to him because this is the surest way to get the receipt back.