What documents are required to apply for probate appointment and oath in Arizona (AZ)? | Arizona Probate | FastCounsel
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What documents are required to apply for probate appointment and oath in Arizona (AZ)?

August 8, 2025 5 min read

Overview

This page explains, under Arizona law, the typical documents you need to file to obtain appointment as a personal representative (probate appointment) and to file the required oath. The goal is to help someone with no legal background understand what to gather before visiting the probate clerk or hiring an attorney. This is general information only and not legal advice.

Detailed answer: What you must file to apply for appointment and oath in Arizona

Arizona probate law is in Title 14 of the Arizona Revised Statutes. The specific procedural rules and forms often vary slightly by county, so always check the Superior Court Clerk’s website for the county where the decedent lived. See Arizona Probate Statutes: A.R.S. Title 14 (Probate) and the Arizona Judicial Branch: azcourts.gov.

Core documents you will typically file at the start of probate

  • Petition for Probate / Petition for Appointment of Personal Representative. This is the formal court pleading that asks the court to open a probate case and appoint a personal representative (sometimes called an executor or administrator). The petition identifies the decedent, alleges facts about the will (if any), names the proposed personal representative, and states the venue and jurisdiction facts.
  • Original Will and any codicils (if the decedent left one). If the decedent left a will, you generally must file the original will with the petition. If no will exists, you file a petition for appointment as administrator (intestate probate).
  • Death certificate (certified). A certified copy of the decedent’s death certificate is normally filed or provided to the clerk when opening the estate.
  • Oath or Acceptance of Appointment. After the court grants appointment, the personal representative must file an oath (sworn statement) and sometimes an acceptance form. Many counties have a standard “Personal Representative’s Oath” or an “Acceptance of Appointment and Oath” form. The oath attests that the representative will faithfully discharge duties under Arizona law.
  • Filing fee or fee waiver request. Courts charge a filing fee to open probate. If the applicant cannot pay, the court may accept a fee waiver or deferral request subject to local rules.
  • Notice list / Heirs and beneficiaries information. The petitioner must provide the names and addresses of heirs and known beneficiaries so the court can require notice. Arizona law requires notice to certain parties; the court will supply instructions and forms for service.
  • Proposed Letters Testamentary or Letters of Administration. Many courts issue official letters (letters testamentary or letters of administration) to the personal representative after appointment and after the oath is filed. You may submit a proposed form with your petition.
  • Bond or waiver of surety (if required). Some personal representatives must post a bond (insurance to protect estate creditors/beneficiaries). The will can waive bond. If bond is required, you must file either a surety bond or a waiver signed by the beneficiaries as allowed by law.

Other documents commonly required or filed soon after appointment

  • Affidavit of Mailing / Proof of Service. After the court sets any required notices, you’ll need to file proof that required notices were mailed or published to heirs, beneficiaries, and creditors.
  • Consent or Waiver forms. If all interested parties agree, they can sign waivers or consents that simplify the appointment process and eliminate formal notice requirements in some cases.
  • Inventory and Appraisement (filed shortly after appointment). After appointment, the personal representative must inventory estate assets and may need to file an inventory within statutory deadlines.
  • Letters to banks and institutions. Though not filed with the court, you will need certified court letters (issued by the clerk) to access and manage estate bank accounts and assets.

Who signs the oath and when?

The person appointed as personal representative signs the oath under penalty of perjury. The oath is filed after the court issues the order of appointment and before the clerk issues official letters. If a bond is required, the clerk often will not issue letters until a bond is filed and approved.

Where to get the forms

Arizona statutes establish probate rules (see Title 14). The Superior Court Clerk in the decedent’s county provides the local filing forms and instructions. The Arizona Judicial Branch website also links to statewide probate forms and clerk contact information: https://www.azcourts.gov/.

Quick hypothetical example

Hypothetical: Maria dies leaving a will and naming her sister Ana as executor. To open probate, Ana files: (1) Petition for Probate and Appointment; (2) the original will; (3) certified death certificate; (4) list of heirs and beneficiaries with addresses; (5) $ filing fee. The court appoints Ana. Ana then files a signed Personal Representative’s Oath and a bond (or a beneficiary-signed waiver of bond) and receives Letters Testamentary from the clerk.

Helpful hints

  • Start by calling the Superior Court Clerk in the county where the decedent lived. They will confirm local forms, fees, and whether the court accepts e-filing.
  • Bring the original will (if one exists). Courts typically require the original document for probate.
  • Obtain a certified death certificate early; several copies may be needed for banks and insurers.
  • Prepare a list of likely heirs and beneficiaries with current addresses. The court needs this information for notice.
  • If the will waives bond, obtain written waiver(s) signed by required beneficiaries and submit them with your petition to avoid delays posting a bond.
  • Ask the clerk which forms they prefer for the oath and for Letters Testamentary. Many counties provide fillable PDF forms.
  • Keep copies of everything you file and proofs of service or mailing. Courts often require affidavits proving you gave required notice.
  • If the estate seems complex (real property out of state, business interests, unresolved creditors, or disputes among heirs), consult an attorney experienced in Arizona probate law.

Resources and statutes

Disclaimer: This information is educational only and not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Arizona attorney or the Superior Court Clerk in the county where the decedent resided.

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.