ARIZONA HOUSE OF REPRESENTATIVES

SB 1084: funeral; last illness; expenses; lien

PRIME SPONSOR: Senator Borrelli, LD 5

BILL STATUS: House Engrossed

Overview

Permits a county to record a lien on a decedent's estate in order to recover burial costs.

History

When a person dies, the decedent's family, guardian, or friends are typically responsible for the burial (A.R.S. § 36-831). If none of these people are financially capable of paying for the burial, the responsibility for burial falls on the county. The county can recover its burial costs from the decedent's estate. If the decedent has money in a bank account, the county can also recover its costs from the bank by stating in an affidavit:

1. The decedent's date of death;

2. That the county buried the decedent; and

3. The county's burial costs.

Other creditors may also file claims against the estate (A.R.S. § 14-3805). If unable to pay all claims in full, the executor or administrator must make payments in the following order of priority:

1. Administration expenses;

2. Reasonable funeral expenses;

3. Debts and taxes with priority under federal law;

4. Reasonable and necessary expenses of the last illness;

5. Debts and taxes with priority under Arizona law; and then

6. All other claims.

Thirty days after the decedent's death, the decedent's successor can present an affidavit to the decedent's debtors requesting they repay or reaffirm their debts (A.R.S. § 14-3971(B)). The affidavit must state that:

1. The decedent died at least 30 days ago;

2. The value of the estate's personal property does not exceed $75,000 as of:

a. The date of death, and the estate does not have an executor or administrator and no application or petition for an executor or administrator is pending; or

b. The date of the affidavit, and any executor or administrator has been discharged or at least a year has passed since the personal representative filed with the court the closing statement on the decedent's estate; and

3. The successor is entitled to the payment or property.

A beneficiary deed  transfers real property to a designated person immediately upon the transferor's death (A.R.S. § 33-405).

Provisions

1. Allows a county to record a lien on a decedent's estate in order to recover burial costs (Sec. 2).

2. Specifies the county's lien on the decedent's estate takes priority over a beneficiary deed (Sec. 2).

3. Requires the decedent's successor to state, in the affidavit requesting repayment or reaffirmation of debt, that the decedent's funeral expenses and expenses of last illness have been paid (Sec. 1).

4. Makes technical changes (Sec. 1).

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8. Fifty-fourth Legislature                       SB 1084

9. First Regular Session                            Version 3: House Engrossed

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