Arizona Petition for Probate

Introduction

Key Things to Know

1. 1

   Filing: an Application for Informal Probate and/or Informal Appointment of Personal Representative (A.R.S. §14-3301), or a Petition for Formal Probate or Formal Appointment (§14-3402), filed with the Superior Court of Arizona in the county of the decedent's domicile. The registrar handles informal proceedings and a judge handles formal ones. Counties publish their own form packets (Maricopa's includes form PBIP13f), and the court's form controls.

2. 2

   No one has authority over estate assets until the court appoints a personal representative and letters issue. Being named as executor in a will does not by itself allow anyone to collect assets, pay debts or transfer property. Do not distribute, pay heirs or sell estate property before appointment or before the creditor claims period runs.

3. 3

   An informal or formal probate or appointment proceeding generally may not be commenced more than two years after the decedent's death, with listed exceptions (A.R.S. §14-3108). A person with custody of the will must deliver it with reasonable promptness, on request of an interested person, to a person able to secure its probate or, if none is known, to an appropriate court. No number of days is stated (§14-2516(A)). Informal probate needs the original will.

4. 4

   Who may apply for informal probate or appointment is limited to listed people, starting with the surviving spouse, an adult child, a parent, a brother or a sister (§14-3301(A)). Priority to serve starts with the person under a probated will, then a surviving spouse who is a devisee, other devisees, a surviving spouse, other heirs, the department of veterans' services for veteran decedents, any creditor 45 days after death, and the public fiduciary (§14-3203(A)). A person under the age of majority, a foreign corporation or a person the court finds unsuitable is not qualified (§14-3203(F)). Ask the clerk whether any further requirement applies to a nonresident. Appointment is not guaranteed.

5. 5

   Notice on the informal track: within 30 days after appointment, the personal representative mails information about the appointment to heirs and devisees (§14-3705). Within 30 days after the statement of informal probate, the applicant gives heirs and devisees written information and a copy of the will, and they then have four months from receipt to start a formal proceeding to contest (§14-3306(B)). On the formal track, notice of hearing goes out before the hearing (§14-3403).

6. 6

   Creditors: at appointment, the personal representative publishes notice once a week for three successive weeks in a newspaper of general circulation in the county and mails written notice to known creditors (§14-3801(A), (B)). Claims are barred unless presented within four months after first publication or sixty days after mailing or delivery of written notice to a known creditor, whichever is later. An outer bar runs two years after death plus any remaining notice period (§14-3803(A)(1)).

7. 7

   Bond is required unless an exception applies, such as the will expressly waiving it, a written waiver filed by all heirs if no will has been probated, or by all devisees under a will that does not provide for waiver of bond, a bank, trust company, title insurer or the public fiduciary serving, or a surviving spouse (or nominee) applying where the estate qualifies for summary procedures under §14-3973 (A.R.S. §14-3603(A)). The court may still require a bond if an interested person shows their interest is in danger (§14-3603(B)). Not every estate needs probate: Arizona has a summary procedure for small estates and affidavits, covered on DocDraft's small-estate-affidavit page.

Arizona Requirements for Petition for Probate

• Informal Application or Formal Petition

  The usual filing is an Application for Informal Probate and/or Informal Appointment of Personal Representative; a Petition for Formal Probate or Formal Appointment goes to a judge after notice and hearing (A.R.S. §§14-3301, 14-3402).

• Superior Court of the Decedent's County

  The filing goes to the Superior Court of Arizona in the county of the decedent's domicile. The registrar handles informal proceedings and a judge handles formal ones.

• Two-Year Limit

  An informal or formal probate or appointment proceeding generally may not be commenced more than two years after death, with listed exceptions (A.R.S. §14-3108).

• 120 Hours Before Informal Appointment

  The registrar may appoint the applicant informally if at least 120 hours have elapsed since death, subject to qualification and acceptance. For a nonresident decedent, informal appointment waits 30 days after death unless the domiciliary representative applies (A.R.S. §14-3307(A)).

• Order of Priority to Serve

  Priority runs from the person under a probated will to a surviving spouse who is a devisee, other devisees, a surviving spouse, other heirs, and later the department of veterans' services for veteran decedents, a creditor 45 days after death and the public fiduciary (A.R.S. §14-3203(A)).

• Notice to Heirs and Devisees

  Within 30 days after appointment, the representative mails information about the appointment to heirs and devisees (A.R.S. §14-3705). Informal probate of a will carries its own 30-day notice and a four-month contest window (§14-3306(B)).

• Creditor Notice and Claims Period

  Publish once a week for three successive weeks and mail to known creditors. Claims are barred after four months from first publication or sixty days after mailing or other delivery of written notice, whichever is later (A.R.S. §14-3801).

• Bond Unless Waived

  A bond is required unless the will waives it, all heirs (if no will has been probated) or all devisees under a will without a bond waiver file a written waiver, or the representative is a bank, trust company, title insurer or the public fiduciary, or a surviving spouse (or nominee) applies where the estate qualifies for summary procedures under §14-3973 (A.R.S. §14-3603(A)).

• Petition Contents

  The petition identifies the petitioner and interest, the decedent and domicile, the will or intestacy, heirs and devisees, estate value, the proposed representative and priority, bond, and the type of proceeding.