Disclaimer

This article explains how the Arizona probate system typically works and the common steps people take to become the estate administrator (called the personal representative in Arizona). This is educational information only and does not create an attorney–client relationship or constitute legal advice. For help with your specific situation, consult a licensed Arizona probate attorney or the local superior court.

Detailed answer — how appointment as personal representative works in Arizona

When someone dies without a valid will (intestate) in Arizona, state probate law (Arizona Revised Statutes, Title 14) controls who inherits the decedent’s property and who the court may appoint to administer the estate. The surviving spouse is commonly the first in line to receive property and is often the person the court will appoint as personal representative. See Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14.

If your spouse died intestate and their family won’t cooperate, these are the practical and legal steps most people follow in Arizona to get appointed and begin administering the estate:

1. Determine whether probate is needed.

   Not every asset has to pass through probate. Accounts titled in the survivor’s name, assets with beneficiary designations, jointly owned property, and small-asset procedures may avoid full probate. Check the Arizona Judicial Branch probate overview and forms: https://www.azcourts.gov/Probate and the court’s probate forms page: https://www.azcourts.gov/selfservicecenter/Probate-Forms.

2. File a petition for appointment with the county Superior Court probate department.

   You (the surviving spouse) can file a petition asking the court to appoint you as the personal representative. The petition starts the probate case and asks the court to issue letters that give you authority to collect assets, pay bills, and distribute property. The clerk’s office at the Superior Court in the county where the decedent lived handles probate filings.

3. Provide required documents and information.

   Typical items include the decedent’s certified death certificate, the petition identifying heirs and interested parties, a reasonably complete list of known assets and liabilities, and contact information for the heirs. Some counties provide local probate checklists and local forms. Use the Arizona Judicial Branch forms as a starting point: https://www.azcourts.gov/selfservicecenter/Probate-Forms.

4. Notify heirs and interested persons.

   Arizona law requires that notice of the appointment petition be given to heirs and other interested persons so they can object if they have a legal reason. If the decedent’s family members refuse to accept service or deliberately hide, the court allows service by mail, publication, or other court-authorized methods. The court will not withhold appointment simply because family members are uncooperative.

5. Attend the hearing (if one is scheduled) or obtain letters by clerk action.

   If there are no objections and you qualify under the statutes, the court will appoint you and issue letters of appointment (also called letters of administration). If someone contests your appointment, the court will hold a hearing and resolve competing claims under Title 14.

6. Use alternatives for small estates.

   If the estate qualifies under Arizona’s small estate procedures, you may be able to collect assets without formal probate by using an affidavit or simplified process provided in the court rules and forms. Check the Arizona Courts forms page to see if the estate value meets the small‑estate thresholds and to find the correct affidavit forms: https://www.azcourts.gov/selfservicecenter/Probate-Forms.

7. Seek emergency relief if assets are at risk or being blocked.

   If family members are locking you out of the house, refusing to turn over bank accounts, or wasting estate property, the court can issue temporary orders—including temporary letters, turnover orders, or injunctions—to preserve assets pending appointment. The court also has contempt powers to sanction people who disobey orders.

8. Bond, fiduciary duties, and inventory/accounting.

   Arizona law sets out duties for personal representatives: they must guard assets, avoid conflicts of interest, file inventories and accountings when required, and distribute assets according to intestate law. The court may require a bond to protect creditors and heirs; in many cases a bond may be waived by interested parties or by court order if statutes allow.

When the family contests your appointment or refuses to cooperate

Uncooperative family members cannot permanently bar the court from appointing a qualified personal representative. Common remedies include:

• Proceeding with the petition and asking the court to resolve heirship and appointment. The court decides who has priority under Title 14.
• Requesting service by mail or publication when a person cannot be located or refuses to accept papers.
• Asking for temporary orders to secure property or require banks and third parties to honor court-issued letters.
• Filing motions for contempt or turnover if someone violates court orders or withholds estate property.

If the family files a competing petition claiming they should be appointed instead, the court evaluates competing claims of priority under Arizona’s probate statutes and may hold an evidentiary hearing.

Timeframe and costs

How long it takes depends on the county, whether the case is contested, and whether the estate qualifies for simplified procedures. Uncontested appointments can sometimes be done in a few weeks. Contested matters can take months and involve attorney fees and court costs.

Helpful hints — practical tips for moving forward

• Start by contacting the probate clerk at the Superior Court in the county where your spouse lived—ask for the probate checklist and local forms.
• Get certified copies of the death certificate early; banks and other institutions typically require them.
• Document any interference or threats from family members (photos, emails, texts) in case you need a temporary order.
• Inventory assets quickly: bank accounts, safe deposit boxes, titles, life insurance policies, employer benefits, retirement accounts, and personal property.
• Preserve evidence of ownership and statements showing account balances near date of death (statements, deeds, titles).
• If a bank or third party refuses to cooperate, present the court’s letters of appointment. If the refusal continues, ask the court for a turnover order or contempt proceeding.
• Consider a consultation with a probate attorney if the family is hostile, assets are significant, or there are business or tax issues. Many attorneys offer limited-scope help or initial consultations for a fixed fee.
• Explore small-estate affidavits and simplified procedures on the Arizona Courts forms page if the estate is modest in value: https://www.azcourts.gov/selfservicecenter/Probate-Forms.
• Keep communication civil with other heirs when possible. Courts prefer resolution by agreement and may waive formal requirements if heirs agree on an administrator and distribution.