Detailed Answer
If a parent dies without a will (intestate) in Arizona, the court must appoint a personal representative to collect the decedent’s assets, pay debts, and distribute what remains under Arizona law (Title 14, Arizona Revised Statutes). The appointment process is handled by the Superior Court in the county where the decedent lived.
Who can be appointed
Arizona generally gives appointment priority to close family members and other heirs. The court will prefer a qualified person with the highest priority under the probate code (for example: surviving spouse, adult child, parent, sibling, or other next of kin). If multiple people share the same priority, the court can appoint one by agreement or following a hearing.
See Arizona’s probate statutes (Title 14) for the full rules: Arizona Revised Statutes, Title 14 (Trusts and Estates).
Step-by-step: How the appointment typically works
- Decide whether probate is necessary. Some assets pass outside probate (joint accounts, beneficiaries, certain small-asset procedures). Court rules and small-estate alternatives may allow transfer without a full probate case.
- Identify heirs. If there is no will, Arizona’s intestacy rules determine who inherits. The court expects the petitioner to identify and notify heirs.
- Prepare and file a Petition for Appointment. File the petition for appointment of a personal representative at the Superior Court in the county of the decedent’s residence. The petition commonly asks for basic facts (decedent’s name, date of death, assets known to the petitioner, and the petitioner’s relationship and priority).
- Provide the death certificate and any required documents. Expect to attach a certified death certificate and an oath or acceptance form. The court may require additional forms specific to the county.
- Notice to interested persons and publication. Arizona law requires notice to heirs and other interested persons. The court often also requires a short public notice published in a local newspaper to alert creditors.
- Bond (if required). The court may require a bond (insurance that protects the estate). Bonds can sometimes be waived by agreement of heirs or by court order under certain circumstances.
- Hearing and issuance of Letters. If the petition is uncontested and the court is satisfied, the judge will appoint the personal representative and issue Letters Testamentary or Letters of Administration (the documents proving the representative’s authority).
- Administration duties. The appointed representative must inventory assets, notify creditors, pay valid debts and taxes, manage estate property, and distribute remaining assets to heirs under Arizona’s intestacy rules. The representative submits accountings and petitions to close the estate when duties are complete.
Practical documents you will need to file
- Certified copy of the decedent’s death certificate.
- Petition for Appointment of Personal Representative (local Superior Court form).
- List of known heirs and addresses.
- Estimated asset list and values.
- Oath/acceptance of appointment and any bond paperwork.
- Notices for interested parties and publication-ready notice for creditors (if required).
Timing and costs
Probate timelines vary by complexity. Simple, uncontested administrations can take a few months; complex estates or contested appointments can take a year or more. Court filing fees and bond costs vary by county and estate size. Expect additional costs for publication, certified mail, appraisal, and attorney fees if you hire counsel.
What the court expects from the person appointed
The personal representative has fiduciary duties: act honestly, preserve estate value, give accurate accountings, follow court orders, and distribute assets according to Arizona intestacy law. Failure to fulfill these duties can result in removal or personal liability.
When you should hire an attorney
Consider hiring a probate attorney if:
- Heirs disagree about who should be appointed.
- The estate has complex assets (business interests, out-of-state property, potential creditor claims, tax issues).
- You need help preparing required court filings, inventories, or accountings.
Local Superior Court self-help resources and the Arizona statutes can help if the estate is straightforward.
Arizona statutes and official court resources: Arizona Revised Statutes, Title 14 (Trusts and Estates). For court-specific forms and filing instructions, visit the Superior Court website for the county where the decedent lived or the state court self-help pages (for general probate guidance): Arizona Courts – Probate Self-Service.
Helpful Hints
- Before filing, confirm whether a simplified small-estate procedure applies — it can avoid full probate in some cases.
- Gather a certified death certificate early: the court and financial institutions require it.
- Make a short, clear list of known assets and likely creditors — it speeds the petition and reduces surprises.
- If multiple family members could serve, try to reach an agreement about who will petition; courts prefer an uncontested appointment.
- Ask the Superior Court clerk for local probate filing checklists and required forms before preparing filings.
- Keep careful records and copies of every court filing, notice, and financial transaction you perform for the estate.
- If you expect disputes (creditor claims, competing heirs, real property in other states), consult a probate attorney early.
Disclaimer: This article provides general information about Arizona probate procedures and is not legal advice. It does not replace consultation with a licensed attorney who can apply the law to your specific situation.