Probate is the section of the law that deals with decedents' estates, guardianships, protective proceedings, trust estates, mental health and miscellaneous proceedings. The applicable statutes are found in Title 14 of the Arizona Revised Statutes.
The presiding probate judge is the Hon. Charles Harrington, Division 2. There are two probate commissioners assigned to hear probate and mental health matters on a rotational basis.
The probate department consists of the Probate Registrar and five full-time clerks that are cross-trained and able to process all types of proceedings.
What follows is a short synopsis of information regarding probate filings and various probate proceedings.
Miscellaneous Information
Filing
Filing fees change periodically. Check with the clerk to obtain a copy of the most recent fee schedule or access the most recent fee schedule on this site under Filing Fees. Fees are set by state legislators and can be found in A.R.S §12-284.
When filing a new case in the probate department, always include an original plus one copy of each document filed. The clerk provides one free conformed copy of each pleading at the time a document is filed. It is important to note that it takes the clerk approximately 20 minutes to process one case. If you are going to an emergency hearing, please keep this in mind and arrive at the probate counter at least 20 minutes prior to the hearing.
After a case has been filed, the notice of hearing must be taken to the calendaring office, located on the first floor in the Superior Court Information area, to obtain a hearing date.
Informal probates are signed by the Registrar within 24 hours unless arrangements have been made with the Registrar to have them signed earlier.
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Certified Letters and Wills
Certified Letters and Wills are
processed in the probate department within 24 hours. Authentications and
Exemplifications are processed within 48 hours. You may place an order for these
specific documents by using the probate order form and faxing the request to
882-5047, or by completing the form and sending it with your runner. Orders are
not taken over the phone. Documents other than those listed above, are certified
and processed by legal records.
Postage and Handling
There is a postage and handling fee for all documents handled via mail. Self-addressed, stamped envelopes are acceptable.
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Probate Proceedings
Probates
A personal representative is usually appointed when a probate is filed. Probates are filed with a Will (testate), or without a Will (intestate). It is important to note that you may formally petition the court for a probate, or informally apply to the Registrar. A formal hearing is any hearing (appearance or nonappearance) before a judge; the opening document is a petition. An informal application can only be made to the Registrar; the opening document is an application. Once initiated, probate proceedings can be either formal or informal. For example, a probate may be initiated informally, proceed to a formal hearing at any time and then be closed informally. The Registrar is, however, prohibited from proceeding on a matter if there is any kind of formal hearing pending or a demand for notice on file that has not been withdrawn.
Adult Adoptions
Adult Adoptions have been filed in Superior Court since 1996. This is a formal proceeding that is set by notice of hearing before the probate judge.
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Ancillary Probate Proceedings
An ancillary informal probate is filed when the original probate has been opened and administered in another state. The application must be modified slightly to show that this is an ancillary proceeding. A personal representative is appointed, Arizona letters are issued, and the probate is administered - from start to finish - as any other probate. A certified copy of the Will, certified within 60 days, is acceptable for this type of proceeding.
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Proof of Authority
The most common use of this ancillary proceeding is to sell or transfer property located in this state when
the actual probate proceeding has been filed in another state. A proof of
authority requires a certified copy of the Letters of Appointment. The Letters
must be certified to be in full force and effect, and no more than 60 days old.
The Court also requires a certified copy of any bond posted. If the bond has
been waived in the Will, the court will need a certified copy of the Will. An Affidavit of Completion filed at the end of the case has the effect of closing the file.
Foreign Conservator
This is a procedure that allows a Conservator to transact business in Arizona even though the actual conservatorship is located in another state. The documents required are similar to the proof of authority and include the Letters (certified to be in full force and effect). The certification must be within 60 days. If a bond was posted, you will also need to have a certified copy of the bond. If there was no bond, the court will require a certified copy of the order stating no bond was required. An Affidavit of Completion filed at the end of the case has the effect of closing the case.
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Affidavit of Succession to Real Property
This is an Affidavit pursuant to §14-3971(E). You must wait six months
before filing, provide a certified death certificate, and the original Will if
there is one. If real property is discovered after a probate has been closed by
the court, the subsequently discovered real property (if less than $75,000) can
be transferred by Affidavit. The Court will require a certified copy of the
order closing the estate, and a certified copy of the Will is acceptable.
Application for Subsequent Administration
This proceeding allows for the transfer of an asset subsequently discovered. A subsequent administration can be done on an informal basis. There are currently no Pima County Bar Forms, however, you may modify the Petition for Subsequent Administration to be an Application, and Change the Order to a Statement that the Registrar can sign.
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Trust Estates
Trust matters are always formal proceedings and require notice and
hearing to get placed on the court calendar. For help with specific forms and procedures, visit the Superior Court web site at www.sc.pima.gov.
Guardianships/Conservatorships of Adults and Minors
A Guardian is appointed for a person that is not able to make decisions concerning his/her person. A Conservator is appointed for a person not able to make financial decisions. Whether an adult or minor, a petition must be filed and noticed for hearing before the court commissioner or probate judge. Cases involving adults require additional forms and the appointment of a court-appointed lawyer and investigator (for help with specific forms and procedures, please visit the court web site at www.sc.pima.gov).
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Demand for Notice
Demands for notice are filed routinely by any interested person wanting
to receive notice when a case is filed in probate. There is a fee, although not
the same as the filing fee for a new case. The demand has the effect
of stopping anything filed informally. The applicant may proceed
informally if 1) the demandant files a document allowing the matter
to proceed informally or 2) after Notice of Application in Informal
Proceeding, there is no objection filed. It also alerts the parties
and the court to send the demandant notice of any formal proceedings
before the court. Each Demand for Notice filed with the court or
furnished to an interested person must include an oath or
affirmation pursuant to ARS §14-1310.
Probate Claim
A probate claim can be filed if there is a probate case on file. The usual procedure is for a claimant to first send the claim to the personal representative where it is either allowed of disallowed. If disallowed, the claimant would then pay an appearance fee, file a Petition for Allowance of Claim and notice the same for hearing. There are specific forms available at the Pima County Bar Association for this procedure. Each claim filed with the court must include an oath or affirmation pursuant to ARS §14-1310.
