How to Submit an Original Will to an Arizona Probate Court When You Live Out of State

Short answer: Locate and protect the original will, contact the superior court in the Arizona county where the decedent lived (or owned real property), gather required documents (death certificate, ID), and file a petition to open probate or to lodge the will. If you live outside Arizona, you can usually file by mail or use electronic filing where available, but you must follow Arizona procedures for proof and appointment. Below is a step‑by‑step FAQ that explains what to do and links to Arizona resources and statutes.

Detailed Answer

1. Confirm the proper Arizona court and venue. Probate proceedings usually start in the superior court in the county where the decedent was domiciled at death or where real property is located. To find the correct court, use the Arizona Judicial Branch court locator: https://www.azcourts.gov/Find-Court/Find-My-Court. General probate law in Arizona is in Title 14 of the Arizona Revised Statutes: https://www.azleg.gov/arsDetail/?title=14.
2. Do not alter the original will. Keep the original will as found. Do not sign, fold, add notes, or otherwise alter the document. The court needs the original to probate.
3. Gather key documents before filing. Typical items the court will request include:

• Original will.
• Certified copy of the death certificate (usually required).
• Contact information for the will’s witnesses, if available.
• Basic family information (spouse, children, next of kin).
• Identification for the petitioner (your ID) and proof of authority to act if available (e.g., nomination as personal representative in the will).

4. Decide whether to file a full probate or seek alternative procedures. Arizona offers several procedures depending on the estate’s size and whether immediate administration is needed. If the will names a personal representative, the usual step is to file a petition for probate and appointment. In small or uncontested matters, other alternatives (such as probate as a muniment of title) may be available. Review Arizona probate resources for options: https://www.azcourts.gov/selfhelp/Probate.
5. Prepare the required petition and supporting forms. The county superior court clerk’s office provides instructions and forms or will explain local filing procedures. If you are not represented by an attorney, contact the clerk’s office for self‑help packets or forms specific to that county. Many counties have online guidance or printable forms on their court websites.
6. Filing from out of state: mail, in‑person, or e‑file. Most Arizona courts accept filings by mail. Many courts also support e‑filing for probate matters through the Arizona e‑filing system; check the county’s procedures and whether e‑filing is open to self‑represented parties or only to attorneys: https://www.azcourts.gov/efiling. When filing by mail or courier, use tracked, insured delivery and keep proof of shipment. Include a self‑addressed stamped envelope or request a certified copy return if you need the original returned after filing.
7. What happens to the original will at filing. When you file, the clerk will lodge the original will with the court for probate. The court typically retains the original as part of the probate file. If you need the original returned after some action, ask the clerk about procedures for withdrawal or the issuance of certified copies. Do not assume the court will mail the original back automatically.
8. Proving the will and appointment of personal representative. Arizona rules require proof of the will (usually by witnesses or a self‑proving affidavit if one exists). If the will nominates a personal representative, the court will consider the nomination and appoint someone after required notices and filings. If you are the nominated representative and live out of state, the court can still appoint you, but you should confirm any bond, residency, or waiver requirements with the clerk. For statutory text on probate procedures, see Arizona Revised Statutes, Title 14: https://www.azleg.gov/arsDetail/?title=14.
9. Notifying interested parties and creditors. After filing, the court often requires notice to heirs, beneficiaries, and creditors. If you live out of state, you must still comply with Arizona notice requirements and filing deadlines. The clerk or local court rules will direct how to publish or mail required notices.
10. Request certified copies when needed. After the court acts (appointment, letters testamentary, or order admitting will to probate), you will likely need certified copies for banks, title companies, and other institutions. Order these from the court clerk. Plan for time and postage to receive certified copies if you are outside Arizona.
11. Consider local counsel or limited help from an Arizona attorney. If handling a probate from out of state feels complex (disputed will, creditor issues, real property, or tax matters), hire an Arizona attorney or retain one for limited tasks (filing paperwork, appearing at hearings, or obtaining certified copies). Many attorneys accept limited scope engagements.