Disclaimer: This article is for educational purposes only and is not legal advice. Consult a licensed attorney to address your specific situation.
Detailed Answer
When someone dies without a will in Arizona (intestate), the court appoints an administrator to manage and distribute the estate under Arizona Revised Statutes (A.R.S.) Title 14. A “potential heir”—someone who stands to inherit under intestacy law—can petition the probate court to serve as administrator. The process generally includes the following steps:
- Determine venue and eligibility. File in the Superior Court in the county where the decedent lived or owned real property (A.R.S. §14-3102). Any interested party—usually an heir or creditor—can petition.
- File a petition for letters of administration. The petition must state the decedent’s name, date of death, list of heirs, estimated estate value, and request appointment (A.R.S. §14-3102). The court clerk will set a hearing date.
- Publish or mail notice. Arizona law requires notice to heirs, beneficiaries, and known creditors. This may include newspaper publication and direct mailings (A.R.S. §14-3103).
- Post bond. Unless the court waives it, the administrator must post a surety bond to protect the estate against mismanagement (A.R.S. §14-3106).
- Priority of appointment. The court follows a strict order when appointing a personal representative. First preference goes to the surviving spouse or one of the surviving children. If none qualify, the next in line include parents, siblings, grandchildren, and other heirs. See A.R.S. §14-3112 for the full hierarchy: A.R.S. §14-3112.
- Attend the hearing. At the hearing, the judge reviews the petition, confirms the priority of interested persons, and ensures notice and bond requirements are met. If the petitioner ranks highest or others waive their right, the court issues letters of administration.
- Receive letters of administration. These court-issued documents authorize the administrator to collect assets, pay debts, file tax returns, and distribute property to heirs according to A.R.S. §14-2101 (intestate succession rules).
Once appointed, the administrator has a fiduciary duty to act in the best interests of all heirs. Failure to follow court orders or mismanage assets can lead to removal or personal liability.
Helpful Hints
- Review A.R.S. §14-3112 early to confirm your eligibility and priority as a potential heir.
- Gather key documents: death certificate, asset lists, and heir contact information to streamline the petition.
- Consider whether you need a bond waiver. Small estates may qualify under A.R.S. §14-3981 to avoid bond requirements.
- Notify all interested parties promptly to prevent delays or objections in probate.
- Keep clear records of all estate transactions; courts require detailed accounting before final distribution.
- Consult a probate attorney if disputes arise among heirs or complex assets (real estate, business interests) require valuation.