Detailed Answer

If your mother died without a will and she lived in Arizona at the time of death, her estate is “intestate.” Arizona law provides a process to open probate and appoint a personal representative (often called an administrator when there is no will). The general steps, documents, and rules are below. This is a plain-language, step-by-step guide based on Arizona probate practice and Title 14 of the Arizona Revised Statutes (the Arizona Probate Code).

1. Confirm jurisdiction and start in the correct court

Probate is handled by the Superior Court in the county where the decedent (your mother) lived at death. Check the local Superior Court probate division for filing requirements and fees. The Arizona Judicial Branch has general probate information at the Arizona Courts website: https://www.azcourts.gov. The Arizona probate statutes are in Title 14 of the Arizona Revised Statutes: https://www.azleg.gov/arsDetail/?title=14.

2. Determine who has priority to be appointed

Arizona gives priority for appointment to certain people. In simple terms, the order generally favors:

• a surviving spouse;
• an adult child or other heir who is entitled to inherit;
• another close relative; and
• a creditor (only if there are no qualified heirs).

If you are an adult child and there is no surviving spouse (or the spouse disclaims or is not eligible), you will likely be one of the first people the court considers. If there are multiple people at the same priority level who want the job, the court decides who will serve.

3. Decide between informal (no hearing) and formal (hearing) probate

Arizona offers both informal and formal probate. Informal probate is common when there is no dispute about heirs and the proposed personal representative has priority and is qualified. Informal probate typically requires filing forms and minimal court involvement. Formal probate requires filing a petition and a hearing before a judge and is used when there are disputes, complex assets, or uncertain heirship.

4. Prepare the required documents

Typical documents you will need to file include (county forms vary):

• Petition for Probate or Appointment of Personal Representative (sometimes called Petition for Letters of Administration);
• Original death certificate or certified copy;
• A verified list of heirs or a family tree (heirship affidavit or similar);
• Oath and acceptance form (or later signature when appointed);
• Bond form if the court requires a bond (see below);
• Any required filing fees or fee waiver requests.

Most Arizona counties publish probate packets and forms on their Superior Court websites. The Arizona Judicial Branch provides links and general forms starting at: https://www.azcourts.gov.

5. File the petition and notify interested persons

File your petition at the county Superior Court probate clerk. The court or rules will require you to give notice to all interested persons (heirs, known creditors, and sometimes other parties). Notices may be by mail and, in some cases, by publication. Follow the court’s instructions carefully—improper notice can delay appointment.

6. Bond requirement and waivers

The court may require the personal representative to post a bond (insurance that the representative will perform duties honestly). In Arizona, the court can waive the bond if all heirs agree in writing or if statutes otherwise allow. If the heirs sign a written waiver or the law allows waiver (for small estates or other reasons), the court often waives the bond. Check local rules and the petition forms to request a bond waiver if appropriate.

7. Appointment and issuance of Letters

Once the court approves the petition (informally or after a formal hearing), the court appoints the personal representative and issues letters (often called Letters of Personal Representative or Letters of Administration). Those letters are the document banks, the Department of Motor Vehicles, and others will ask to see to release assets to the estate representative.

8. Inventory, creditor notice, and estate administration

As personal representative you will collect assets, file an inventory with the court if required by local rules, give notice to creditors, pay valid debts, file tax returns, and manage estate property. Arizona law sets deadlines for creditor claims and defense—follow court directions and statutory timelines carefully.

9. Distribute the estate under Arizona intestacy rules

Because your mother died without a will, Arizona’s intestacy rules (in Title 14) determine who inherits and in what shares. Typical outcomes include:

• If a surviving spouse and children exist, the spouse and children usually share the estate according to statutory formulas.
• If no spouse, the decedent’s children usually inherit all.
• If no spouse or children, the estate may pass to parents, siblings, or more distant relatives.

Exact shares depend on who survived the decedent. See Title 14 of the Arizona Revised Statutes for the intestate succession rules: https://www.azleg.gov/arsDetail/?title=14.

10. Close the estate

After debts are paid and distributions completed, you will file a final accounting or Petition for Final Distribution and ask the court to close the estate and discharge you as personal representative. Keep careful records and receipts throughout the process.

Example (Hypothetical)

Hypothetical facts: Your mother lived in Maricopa County, left no will, and is survived by you (her only child). You want to serve as personal representative.

1. Check Maricopa County Superior Court probate webpage for the intestate probate packet and filing fee.
2. Prepare a Petition for Appointment, attach a certified copy of the death certificate, and an affidavit listing heirs (you).
3. File the packet with the probate clerk. Request a waiver of bond if you have all heirs’ written consent (in this case only you).
4. If the court accepts the petition informally, it issues Letters of Personal Representative and you may begin collecting assets and notifying creditors.
5. Follow statutory procedures to pay debts and distribute the estate to yourself as the sole heir under Arizona intestacy rules. File a final accounting and petition to close the estate.

When you should get a lawyer

Consider hiring a probate attorney if any of the following apply:

• Heirs dispute who should be appointed;
• Significant or unusual assets (business interests, real estate out of state, complex tax issues);
• Creditor claims are large or contested; or
• You are unsure how to value or locate assets, or how to meet accounting obligations.

Helpful Hints

• Begin by locating a certified copy of the death certificate—most filings require it.
• Contact the probate clerk in the county where your mother lived for the exact forms and local filing fees. Each county posts probate packets and instructions on its Superior Court website.
• If you expect a bond will be required, ask heirs to sign a written waiver to save time and cost.
• Keep careful, dated records of every transaction the estate makes—bank statements, receipts, and inventory entries are essential for final accounting.
• Notify financial institutions and title-holders early. Bring a copy of your letters when dealing with banks, the motor vehicle department, and the county assessor.
• Check Arizona’s probate statutes for statutory deadlines and creditor claim periods: https://www.azleg.gov/arsDetail/?title=14.
• Use the Arizona Judicial Branch site for general probate instructions and to locate county resources: https://www.azcourts.gov.
• If you handle the estate without a lawyer, consider at least a one-time consultation to review your plan and documents.