Letters Testamentary in Arizona

A personal representative must be appointed by court order or statement of the probate registrar in the county superior court, qualify, and be issued letters; administration begins when letters issue. Informal probate or appointment can be requested by the surviving spouse, an adult child, parent or sibling, an heir, the person nominated in the will, the Department of Veterans' Services for a veteran, and, 45 days after death, a creditor (the public fiduciary may apply if no one else is qualified and willing). The application is verified, and to probate a will the original will must be in the court's possession or accompany the application; formal (court-hearing) proceedings are used when there is a dispute. A bond is required unless waived by the will or by all heirs or beneficiaries, or another statutory exception applies (such as a qualified bank or trust company, the public fiduciary, or a surviving spouse seeking appointment in a small estate eligible for summary procedures). Most proceedings must start within two years after death.

Priority for appointment: the person named in the will, then a surviving spouse who is a beneficiary, other beneficiaries, the surviving spouse, other heirs, the Department of Veterans' Services (for veterans and their families), any creditor after 45 days, and the public fiduciary. The statutes set no Arizona residency requirement. A bond is required unless the will waives it, all heirs or beneficiaries file written waivers, the representative is a qualifying bank or trust company or the public fiduciary, or the surviving spouse applies for a small estate eligible for summary procedures; the court may still order a bond if an interested person shows a risk.