Can I force my sibling to give me a copy of our parents’ estate plan in Arizona?

Detailed answer — what Arizona law says and what you can do

Short answer: your options depend on whether the parents are alive or deceased and whether the document is a will or a trust. Arizona law governing probate and trusts is in Title 14 of the Arizona Revised Statutes (A.R.S. Title 14). Below I explain the usual paths you can take, practical steps you should try first, and the court actions available if informal steps fail.

1) First step: identify the document and the parents’ status

If your parents are alive: an estate plan (will, trust, powers of attorney, health care directives) is generally private. A parent can choose who sees it. You do not automatically have a legal right to a copy just because you are their child or sibling, unless the parent has named you as an executor, trustee, agent, or beneficiary.
If a parent is deceased: a last will normally becomes a public court document when it is filed for probate. If someone refuses to file a decedent’s will (or refuses to give the will to the court or personal representative), interested persons can ask the probate court to intervene.
If the document is a trust (revocable or irrevocable): trustees generally owe duties to beneficiaries including a duty to account and provide information. If you are a beneficiary, you often have a right to certain trust information under trust law. Whether and how you can force disclosure depends on your beneficiary status and the trust terms.

2) Practical, low-cost steps to try first

Ask your parents directly (if they can make their own decisions). They control who sees their estate plan while alive.
Send a clear written request to your sibling describing the specific documents you want (e.g., “copy of Mom’s last will dated X” or “copy of the Smith family trust”). Use certified mail or email with read receipt and keep records.
Explain your interest. If you are a named beneficiary, agent, or successor, say so and provide proof (e.g., copy of birth certificate or other identifying documents as appropriate).
Offer a narrow, reasonable request (for example, a copy of the will or trust only) rather than requiring the sibling to reveal unrelated communications.

3) If informal requests fail — next steps

If the sibling ignores a formal request, you have several options depending on the situation:

Send a formal demand letter from an attorney. A lawyer’s letter that explains possible court remedies often motivates cooperation.
If the parent is alive and incapacitated and the sibling controls the documents, you may need to consider raising a guardianship or protective proceedings matter if you believe the parent lacks capacity and the sibling is withholding documents to the parent’s detriment. Arizona probate law and court rules address protective proceedings (see A.R.S. Title 14: https://www.azleg.gov/arsDetail/?title=14).
If a parent is deceased and the sibling refuses to provide the will or deliver it to the court: you can petition the probate court to compel production or to have the will admitted to probate. Probate courts can order persons who possess a will to produce it and can sanction refusal.
If the document is a trust and you are a beneficiary: you can demand information and accounting from the trustee. If the trustee (sibling) refuses, you can file a petition in the appropriate court asking for an order requiring disclosure and for other remedies the court finds appropriate.

4) What the court can do

Probate or superior courts in Arizona can:

Order production of a will or trust documents.
Order a trustee to produce trust documents and accountings to beneficiaries.
Impose sanctions or contempt if someone disobeys a court order to produce documents.
Resolve disputes about who is entitled to receive information, who is the personal representative or trustee, and whether a will should be admitted.

5) Evidence and paperwork to gather before you act

Proof of your identity and relationship to the parents (birth certificate, ID).
Copies of any written communications with the sibling asking for the documents.
Any documents that show you are named in estate documents or that the sibling is acting as agent, personal representative, or trustee.
Evidence of the parent’s capacity concerns, if relevant (medical records, doctor statements) if you are considering a guardianship/protective petition.

6) Costs, timing, and practical considerations

Filing a petition in probate court typically requires court fees and often an attorney. If the value at stake is small, weigh the cost of litigation against the expected benefit. Some people resolve disputes by mediated negotiation or by involving a neutral attorney to hold documents in escrow until the court admits a will.

7) When to hire an attorney

Talk with an Arizona probate or trust attorney if:

Your informal requests fail.
You suspect the sibling is hiding a document to interfere with a parent’s wishes or to benefit improperly.
The estate or trust involves significant assets, or there are signs of elder abuse or incapacity.

Helpful hints

Be specific in your request. Identify the document type and the date if you know it.
Keep written records of every request and response. Courts will review the record of attempts to resolve the dispute informally.
Try a single neutral third party — for example, ask the parents’ attorney (if known) to confirm where the documents are held.
If you are a named beneficiary, tell the sibling that beneficiaries have rights to trust information; many trustees will comply rather than face court action.
Consider mediation before filing a lawsuit; Arizona courts often encourage alternative dispute resolution in family and probate disputes.
If you believe a parent lacks capacity or is being exploited, contact Adult Protective Services or an attorney immediately.
Use the official Arizona statutes for research: A.R.S. Title 14 — Estates and Trusts.

Disclaimer: I am not a lawyer and this is not legal advice. This article provides general information about Arizona estate and trust procedures. For advice about your specific situation, consult a licensed Arizona attorney who handles probate and trusts.