Detailed Answer
1. Locating the Original Will or Filed Copy
Start by checking the decedent’s personal files. Contact the attorney who drafted the will or any bank or safe deposit box where it may be stored. If the testator officially deposited the will, the superior court clerk holds it under ARS §14-2501 (https://www.azleg.gov/ars/14/02501).
2. Submission Requirements Under Arizona Law
A custodian holding the original must deliver it to the superior court clerk within 30 days after death, as required by ARS §14-2503(A) (https://www.azleg.gov/ars/14/02503). To submit:
- Complete the probate petition (Arizona Supreme Court Form PC 189).
- Attach the original will or filed copy to the petition.
- Pay the filing fee at the clerk’s office in the decedent’s county.
- Request a file-stamped copy for your records.
3. When the Original Is Lost or Destroyed
If the original will has been lost or destroyed, file an authenticated copy. Then petition the court under ARS §14-2504 (https://www.azleg.gov/ars/14/02504) to allow probate of the copy. Provide proof of due execution and efforts to locate the original.
Disclaimer
This article provides general information and does not constitute legal advice. For personalized guidance, consult a licensed Arizona attorney.
Helpful Hints
- Gather a certified copy of the death certificate before you start.
- Keep a record of all documents you file with the court.
- Check the superior court’s website for the latest probate fee schedule.
- Notify all heirs and beneficiaries as soon as you file the will.
- Consider hiring a probate clerk or paralegal to assist with filings.