Disclaimer: This content provides general information and does not constitute legal advice.
Detailed Answer
When an institution holds key estate documents—like wills, trusts, or account records—and refuses to cooperate, you have several options under Arizona law.
1. Send a Formal Written Request
Begin with a certified letter. State your role—personal representative, executor, or heir—and cite ARS §14-3617 for safe deposit lists. Include a reasonable deadline. Keep proof of delivery.
2. Petition the Probate Court
File a petition under ARS §14-3716 (Compelling Production of a Will). Ask the court to order the institution to deliver or identify missing documents. The court can hold a hearing and sanction noncompliance.
3. Issue a Probate Subpoena
Use the court’s subpoena power in probate proceedings. Under ARS §14-3901 (Subpoena), you can subpoena officers, employees, or records. Serve the subpoena duces tecum to require document production at a hearing.
4. Motion to Open a Safe Deposit Box
If the institution controls a safe deposit box belonging to the estate, you can move under ARS §14-3617 (Inventory and Appraisal). Ask the court to order the box opened and an inventory delivered to the court or your attorney.
5. Use Civil Discovery
Outside probate, consider a civil action and request a Rule 45 subpoena (duces tecum) or depositions under ARS §12-2294 (Use of Deposition in Court). A court can compel production and impose penalties for noncompliance.
Helpful Hints
- Document all communications in writing and keep copies of requests and responses.
- Reference the exact statute(s) when you file petitions or subpoenas.
- Be prepared to demonstrate your legal interest in the estate (e.g., letters of appointment).
- Act promptly; delays can complicate estate administration.
- Consider hiring an attorney if the institution continues to resist or if multiple statutes apply.