Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Detailed Answer
When someone dies in Arizona owning assets that require court supervision—such as real estate, bank accounts held solely in the decedent’s name or stocks without a transfer-on-death designation—a probate estate may be opened. To determine whether a probate estate has been opened for a decedent, follow these steps:
1. Identify the Proper County
Arizona law requires probate proceedings to be filed in the superior court of the county where the decedent lived at the time of death or where significant real property is located. Narrow your search to that county’s Superior Court Probate Division.
2. Search the Arizona Judicial Branch Public Access System
Use the statewide public case lookup provided by the Arizona Judicial Branch. Select “Probate” (case type “PRO”) and search by the decedent’s full legal name and year of death: Arizona Judicial Branch Public Access. If a probate case exists, you will see case numbers, filing dates and the personal representative’s name.
3. Contact the County Clerk’s Office
If online records are unavailable or the decedent died many years ago, call or visit the clerk of the Superior Court Probate Division in the relevant county. Provide the decedent’s name and date of death. Clerks can confirm whether a case was opened and supply case numbers or filing documents.
4. Review Court Filings for Letters and Notices
Probate proceedings officially commence when the court issues letters of testamentary (if there’s a will) or letters of administration (if there’s no will). See Ariz. Rev. Stat. § 14-3101. These letters are public record. You can request copies of the letters or the initial petition to confirm that the estate opened.
5. Check Published Notices to Creditors
Arizona law requires the personal representative to publish a Notice to Creditors in a newspaper of general circulation in the county of probate. Review archived newspapers or online newspaper websites for notices after the decedent’s date of death. The notice lists the probate case number and court.
Helpful Hints
- Know the decedent’s full legal name and date of death to avoid confusion with similar names.
- Confirm the county of residence or location of real property to search the correct court.
- Use both online and in-person methods: some older cases may not be digitized.
- Request certified copies of letters of administration or testamentary to prove the estate has opened.
- Review local newspapers for published Notice to Creditors if you cannot find a court record online.
- If you still cannot locate a probate case, consult a probate attorney or title company for a deeper search of records.