How can a guardian or guardian ad litem be appointed to manage a minor’s interest in an estate in Arizona? | Arizona Probate

Detailed Answer

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Arizona for guidance specific to your situation.

Under Arizona law, a guardian or guardian ad litem may be appointed by the probate court to protect a minor’s interest in an estate. There are two primary paths:

Guardianship of the Minor’s Estate (Probate Guardianship)
1. Petition: Any interested person—often a parent or relative—files a petition for appointment of a guardian of the estate in the county probate court. See A.R.S. § 14-5105 (petition requirements).
2. Notice: The petitioner must notify the minor (if age 12 or older), parents, and interested parties at least 10 days before the hearing. See A.R.S. § 14-5107 (notice requirements).
3. Hearing: The court holds a hearing to determine whether the minor’s estate is at risk and whether appointment of a guardian is in the minor’s best interest. See A.R.S. § 14-5121 (guardian hearing).
4. Appointment and Bond: If appointed, the guardian must post bond (unless waived) and file an acceptance of appointment. The bond protects estate assets. See A.R.S. § 14-5602 (bond requirements).
5. Administration: The guardian manages estate assets, files annual accountings with the court, and seeks court approval for major transactions. See A.R.S. § 14-5204 (guardian duties).
Guardian ad Litem in Litigation
A guardian ad litem (GAL) may be appointed to represent a minor’s interests in a specific proceeding—often a probate dispute or civil suit over inheritance.
1. Motion or Court Order: A party or the court itself requests appointment of a GAL. Under Arizona Rule of Civil Procedure 17(c)(1), the court “must appoint a guardian ad litem” if a minor is a party without a duly appointed guardian.
2. Selection: The court appoints a neutral adult, often an attorney, to act as GAL. The GAL’s sole duty is to advocate for the minor’s best interests in the pending litigation.
3. Report or Recommendation: The GAL investigates facts, meets with the minor, and files recommendations or reports to guide the court’s decision.

Helpful Hints

Begin early: Probate timelines can be lengthy; file as soon as you identify estate assets for the minor.
Gather documents: Compile the decedent’s will, asset lists, and financial statements before filing.
Check bond waivers: Parents often qualify for bond waivers under A.R.S. § 14-5602(F).
Understand reporting: Guardians must submit annual inventories and accountings of estate assets.
Consult local rules: Probate procedures vary by county; review your local court’s guidelines.