Arizona: How to Secure and Inventory a Deceased Relative's House Before Appointment as Administrator | Arizona Probate | FastCounsel
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Arizona: How to Secure and Inventory a Deceased Relative's House Before Appointment as Administrator

How to secure and inventory a house in Arizona before being appointed personal representative

Short answer: Act quickly to preserve the home and clear documentation of items, but avoid taking actions that could be viewed as interfering with the estate. If you suspect immediate theft or destruction, contact law enforcement, then petition the probate court for temporary authority (or ask the court to appoint a temporary/personal representative) so you have clear legal power to secure and inventory the property. This is general information and not legal advice.

Detailed answer — practical steps under Arizona law

When someone dies in Arizona and you are expecting to be appointed the estate’s personal representative (often called an administrator or executor), you probably want to secure the decedent’s home and create an inventory of belongings. Arizona law controls appointment and duties for personal representatives through the Arizona probate statutes (Title 14) and the Arizona Rules of Probate Procedure. See Arizona Revised Statutes, Title 14: https://www.azleg.gov/arsDetail/?title=14, and the Arizona Rules of Probate Procedure: https://www.azcourts.gov/rules/ProbateRules. You can also read the Arizona Judicial Branch probate overview: https://www.azcourts.gov/services/probate.

Below are concrete steps to protect the property and the estate while you wait for formal appointment. Follow them carefully so you preserve assets without exposing yourself to claims of improper removal or conversion.

1) Assess immediate risks

  • If you reasonably believe someone is actively taking or destroying property, call local law enforcement and ask them to take a report. Police can document the situation and deter ongoing misconduct.
  • If the house is unsafe (vandalism, broken windows, flooding), take basic steps to address safety hazards (board up windows, shut off water) and document everything with photos and notes.

2) Avoid unauthorized removal of items

  • If you have not been appointed the personal representative (PR) by the probate court, you generally lack legal authority to take significant estate property permanently. Removing high-value items (jewelry, guns, vehicles, cash, bank records, original deeds) may lead to disputes or civil claims for conversion.
  • Small, perishable items (food, medications) can often be removed to prevent waste, but document why you removed them and keep receipts and photos. When in doubt, seek court permission or advice from a probate attorney before moving valuable assets off the premises.

3) Secure the property carefully

  • Lock the house or change external locks only if you can document authority. If family members agree, get any agreement in writing. If you change locks without authority, keep an inventory and photos of the lock change and who has keys.
  • Ask the homeowner’s insurance company about coverage and notify them promptly of the death to protect against loss. Keep a record of all communications.
  • If the estate is at risk of theft from known individuals, consider requesting an emergency hearing with the probate court to obtain temporary exclusive control.

4) Create a thorough inventory and document everything

  • Do a room-by-room inventory. For each item, record a description, serial number (if applicable), estimated value, condition, and location.
  • Take high-resolution photos and a video walkthrough with date/time stamps. Capture wide shots and close-ups of valuable items and identifying marks.
  • Keep multiple copies of the inventory (cloud, USB, printed) and back up photos/videos.
  • When possible, have a neutral third party (another family member, friend, or notary) sign and date the inventory to strengthen credibility.

5) Safeguard critical documents and small valuables

  • Locate and secure the original will, life insurance policies, deeds, vehicle titles, social security paperwork, safe-deposit box keys, and financial account statements. These items are important for opening probate and protecting estate assets.
  • Do not open or remove a safe-deposit box without legal authority — banks typically require a court order or the presence of an authorized representative.

6) Communicate in writing

  • Send a clear, polite written request to siblings and other relatives asking them not to remove or dispose of estate property pending probate appointment. Keep copies of that communication.
  • If someone removes property despite requests, document the items, who removed them, when, and consider asking police to take a report or seeking court intervention.

7) Use the probate process to obtain legal authority

  • To gain lawful authority to handle estate property, file a petition for appointment of a personal representative with the county superior court probate division where the decedent lived. The probate statutes in Title 14 describe the appointment process; county procedures vary. See Arizona Revised Statutes, Title 14: https://www.azleg.gov/arsDetail/?title=14, and contact your local county superior court probate division for forms and filing requirements.
  • If immediate action is needed to preserve assets, the court may consider temporary or emergency relief. In many counties the court can appoint a temporary or special personal representative or issue an order protecting the property while the petition is pending. Ask the probate clerk or a probate attorney how to request emergency relief under the Arizona Rules of Probate Procedure: https://www.azcourts.gov/rules/ProbateRules.

8) Consider police and civil options if siblings remove items

  • If a sibling takes property that belongs to the estate without permission, the estate (or the personal representative once appointed) may have civil claims for conversion or replevin. In some circumstances criminal charges (e.g., theft) may apply; report suspected criminal theft to law enforcement.
  • Preserve evidence—photographs, messages, witness statements, and receipts—to support any civil or criminal claim.

9) When to get an attorney

  • Hire a probate attorney if: parties are hostile, significant assets are at risk, the will is contested, or you need an emergency court order. An attorney can quickly prepare and file an application for appointment and request temporary authority to protect the estate.

What the court appointment does and what to expect

Once appointed, the personal representative receives letters or proof of authority from the probate court. That authority lets you collect and safeguard estate property, pay reasonable expenses, and distribute assets under court supervision. The court can also order return of items taken improperly and award remedies for improper conduct. For statutory guidance, see Arizona Revised Statutes, Title 14: https://www.azleg.gov/arsDetail/?title=14.

Hypothetical example

Suppose a decedent left a house in Phoenix and one sibling begins removing artwork and jewelry two days after the funeral. You document the removals with photos, save text messages admitting the removal, call police to make a report, and immediately file a petition for appointment of personal representative in the county probate court, asking for an emergency order preventing further removals. The court may grant temporary protection while it processes the petition. After appointment, you use the court’s authority to demand return of the items or seek a civil remedy.

Arizona resources

Helpful Hints

  • Do not remove high-value items until you have court authority or written consent of all interested parties.
  • Document everything with time-stamped photos, video, and a written inventory signed by a witness.
  • Call local police to report suspected theft or property destruction; get a police report number.
  • Notify the decedent’s homeowner’s insurer and mortgage company to prevent complications.
  • Keep a log of everyone who enters the property and why.
  • If family members agree on temporary steps, get that agreement in writing to reduce later disputes.
  • If you anticipate trouble or the estate has significant assets, consult a probate attorney promptly; attorneys can file emergency petitions and help you obtain court orders that protect the estate.

Disclaimer: This article explains general Arizona probate practices and provides practical steps for preserving estate property. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, contact a qualified probate attorney in Arizona or the probate division of the local superior court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.