Detailed answer: what you need to know under Arizona law

1. The legal framework

Arizona probate and intestacy rules are in Arizona Revised Statutes, Title 14 (Trusts, Estates and Protective Proceedings). The probate court in the county where the decedent lived handles appointment of a personal representative and distribution of intestate estates. See the Arizona statutes and court self-help resources for probate: A.R.S. Title 14 and the Arizona Courts probate pages at Arizona Courts – Probate Self-Service.

2. Who has priority to serve?

When someone dies without a will (intestate), Arizona law sets a priority order for who the court will appoint as personal representative. Typical priority tiers include (in descending order):

• Surviving spouse
• Children of the decedent
• Parents
• Siblings
• More remote next of kin

If a surviving spouse, child, or parent is available and willing to serve, the court will generally appoint that person before a sibling. A sibling becomes the likely appointee only when no higher-priority person is eligible, willing, or able to act. For the definitive statutory priority language and related rules, see A.R.S. Title 14 (linked above).

3. Basic qualifications and common disqualifications

To qualify you generally must:

• Be an adult (18+).
• Be legally competent (not adjudicated incapacitated).
• Not be disqualified by law (for example certain felony convictions, or conflicts the court finds significant).

Nonresidents may still serve but the court may require a bond or a resident agent, depending on circumstances. Courts often require the personal representative to post a bond to protect the estate unless the bond is waived by the court or by agreement of those entitled to inherit.

4. Practical steps to seek appointment

1. Confirm there is no will. Check files, contact the decedent’s attorney (if known), and search the probate court records.
2. Determine whether anyone with higher priority is willing and able to serve. If someone higher in priority wants to serve, they likely will be appointed instead of you.
3. Collect basic documents: certified death certificate, photo ID, a list of known assets and debts, and the names and addresses of next of kin and potential heirs.
4. File a Petition for Appointment with the probate court in the county where the decedent lived. The petition asks the court to appoint you as the personal representative and typically requires details about heirs, assets, and whether a bond should be required.
5. Provide required notices. Arizona law requires notice to heirs and interested parties and may require publication of notice in local media, depending on the estate and county rules.
6. Attend the hearing (if the court schedules one). If no contested issues exist, many candidacies are approved after court review and notice requirements are met.
7. If appointed, you will receive official letters (often called Letters of Personal Representative or Letters of Administration) that give you authority to collect assets, pay debts, and distribute the estate according to Arizona intestacy law.

5. Small estate shortcuts

Arizona provides simpler procedures when estate value is small. If the estate falls below certain thresholds, heirs may be able to collect property using an affidavit or other informal claim forms without full probate. Check the Arizona Courts small estate guidance for limits and forms: Arizona Courts – Small Estates. These procedures can be faster and less costly than a full administration.

6. What if multiple siblings want to serve?

If more than one sibling petitions to serve, the court may appoint one sibling by agreement or after evaluating the applicants. The court considers who is best positioned to administer the estate (availability, relationship to decedent, ability to post bond, prior handling of the decedent’s affairs, etc.). If siblings cannot agree, the court decides at a hearing.

7. Typical timeline and costs

Timelines vary with complexity: small, uncontested estates can be resolved in a few months; larger or contested estates take longer. Expect court filing fees, possible bond costs, publication fees, and attorney fees if you hire counsel. The probate clerk’s office can provide county-specific timelines and fee schedules.

8. When to get help from a probate attorney

Consider consulting an attorney if:

• There are disputes among heirs or competing petitions to serve.
• The estate has complex assets (business interests, out-of-state property, substantial debts).
• Creditors assert claims or litigation threatens the estate.

An attorney can prepare the petition, advise about bond, and represent you at hearings. If you cannot afford an attorney, the probate clerk can often explain filing steps and provide forms.

9. Hypothetical example

Suppose an unmarried Arizona resident dies without a will and has no surviving spouse, no children, and no living parents — only two adult siblings. Either sibling can petition. If one sibling files the petition and meets qualifications (no disqualifying convictions, can post bond if required), the court will normally appoint that sibling after proper notice and any required hearing. If both siblings petition and cannot agree who should serve, the court decides who is best suited.

Helpful Hints

• Start by contacting the probate clerk in the county where the decedent lived — clerks provide forms, fee schedules, and local procedural rules.
• Obtain several certified copies of the death certificate early; many institutions require them to transfer assets.
• Gather records: bank statements, titles, mortgage documents, insurance policies, recent tax returns, and any communications about the decedent’s final wishes.
• If you are not a resident of Arizona, ask the court whether a bond or resident fiduciary is required before you file.
• Talk with other family members before filing to reduce the risk of contests or delays; many probate conflicts arise from surprise filings or poor communication.
• Check the Arizona Courts self-help probate pages for checklists and sample forms: Arizona Courts – Probate Self-Service.
• If estate value is small, review small estate tools to avoid full probate and reduce costs.