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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
funeral; last illness; expenses; lien
Purpose
Allows a county to record a lien on a decedent's estate for the purpose of recovering burial costs.
Background
Statute provides a list of persons responsible for the duty of burying the body of or providing other funeral and disposition arrangements when a person dies. If none of the persons listed are willing or are financially capable of providing for the burial or other funeral and disposition arrangements for the decedent or if the persons cannot be located after reasonable efforts, the county in which the death occurs is responsible for the burial or placement of the remains (A.R.S. § 36-831).
A successor to the decedent's estate may recover property by presenting an affidavit to a person indebted to the decedent or who has tangible personal property or an instrument evidencing an obligation to the decedent. The affidavit must state the following: 1) 30 days has elapsed since the death of the decedent; 2) no application or petition for the appointment of a personal representative is pending and a personal representative has not been appointed in any jurisdiction or the personal representative has been discharged or more than a year has elapsed since a closing statement has been filed; 3) the value of all personal property in the decedent's estate does not exceed $75,000; and 4) the claiming successor is entitled to payment or delivery of the property (A.R.S. § 14-3971).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a county, when it is responsible for final disposition of a body, to record a lien on the decedent's estate to recover burial costs and specifies the lien has priority over a beneficiary deed.
2. Requires an affidavit for collection of property of the decedent by a successor to state that the following have been paid:
a) funeral expenses of the decedent; and
b) the expenses of the last illness of the decedent.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Removes the lien priority over a tenancy with right of survivorship deed.
Senate Action
JUD 1/31/19 DPA 5-0-2
Prepared by Senate Research
February 1, 2019
JA/AB/kja