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IN RE ESTATE OF STEPHENSON

No. 1 CA-CV 06-0785.

173 P.3d 448 (2007)

In the Matter of the ESTATE OF Linda K. STEPHENSON, Deceased. Arizona Health Care Cost Containment System, Petitioner/Appellee, v. Gove L. Allen, Trustor of the Estate of Linda K. Stephenson; and American Savings Life Insurance Company, Respondents/Appellants.

Court of Appeals of Arizona, Division 1, Department A.

November 27, 2007.

Attorney(s) appearing for the Case

Koeller Nebeker Carlson & Haluck LLP by Wade R. Causey, James M. O'Brien, Phoenix, Attorneys for Petitioner/Appellee.

Ramras Law Offices PC by David N. Ramras, Ari Ramras, Phoenix, Attorneys for Respondents/Appellants.

OPINION

PORTLEY, Judge.

¶ 1 This appeal requires us to address whether a secured creditor has to seek permission from the superior court or from the personal representative of an estate before conducting a trustee's sale of property secured by a deed of trust. Because we hold that a secured creditor need not seek permission to conduct a statutory trustee's sale, we reverse the judgment.

FACTS AND PROCEDURAL HISTORY

¶ 2 American...

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