How to Pursue Appointment as the Personal Representative for an Intestate Sibling’s Estate in Arizona

This FAQ-style guide explains the Arizona probate process when an adult dies without a will (intestate) and you want to be appointed to handle their estate. It covers the steps to seek appointment, who has priority, required documents, and practical tips so you can decide whether to proceed or to consult an attorney.

Detailed answer — step‑by‑step under Arizona law

1. Confirm whether formal probate is required

Not every death requires full probate. Many assets pass outside probate (payable‑on‑death accounts, joint tenancy, title transfers, life insurance, retirement accounts). Arizona also offers simplified procedures for small estates. Check the Arizona Judicial Branch probate resources for the types of assets that must go through probate and for small‑estate procedures: Arizona Courts — Probate & Estate Services. For the governing law, see Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14.

2. Who can be appointed — the priority order

When someone dies intestate, Arizona law gives priority to certain persons to serve as the personal representative (administrator). Generally the court prefers a surviving spouse, then children, then parents, and then other heirs such as siblings. If no higher‑priority person is available or willing, a surviving sibling can be appointed. If multiple people in the same priority class want the appointment, the court may choose among them. See Title 14 of the Arizona Revised Statutes for the statutory framework: ARS Title 14.

3. Prepare and file a Petition for Appointment of Personal Representative

To start formal probate, file a Petition for Appointment of Personal Representative in the Superior Court in the county where the decedent lived. Typical steps and documents include:

Certified copy of the death certificate.
Names and addresses of the decedent’s heirs and known creditors.
A proposed list of assets and estimated values (an estate inventory may follow after appointment).
A petition form and applicable filing fee (fee amounts vary by county).

Many Arizona counties provide probate filing instructions and forms on their court websites. General probate forms and guidance are available from the Arizona Judicial Branch: https://www.azcourts.gov/probate.

4. Notice to heirs and publication

After filing, the court will require notice to all interested persons (heirs and known creditors). Arizona law also requires publication of notices to unknown creditors in many cases. The court will give instructions on whom to serve and any required publication so that interested parties have an opportunity to object.

5. Bond, letters, and appointment

The court will decide who is appointed. The court may require the personal representative to post a bond to protect estate creditors and heirs unless the bond is waived by statute or by interested parties. Once appointed, the court issues Letters of Personal Representative (often called Letters of Administration) which allow you to act on behalf of the estate — collect assets, pay debts, and distribute property according to Arizona’s intestacy rules.

6. Duties of the personal representative

Key duties include locating estate assets, opening an estate account, notifying and paying creditors (within statutory deadlines), filing inventories and accountings with the court when required, filing necessary tax returns, and distributing the estate per Arizona intestacy rules. Arizona law imposes fiduciary duties — you must act in the estate’s and heirs’ best interests and follow court orders and statutes.

7. Closing the estate

After debts, taxes, and expenses are paid and assets are distributed, file the court paperwork to close the estate. The exact procedures and timing depend on whether you use formal probate or a simplified procedure for small estates.

When summary procedures might help

If the estate value is under Arizona’s small‑estate threshold or consists only of certain types of personal property, you may be able to use an affidavit or other simplified procedure that avoids full probate. Check the Arizona Judicial Branch resources or the Arizona Probate Code (Title 14) for current thresholds and requirements: https://www.azcourts.gov/selfservicecenter/Probate.

Helpful hints

Gather documents first: death certificate, bank statements, account titles, mortgage deeds, auto titles, burial contract, insurance policies, and any paperwork that shows how assets are titled.
Check for nonprobate transfers: Payable‑on‑death designations, beneficiary designations, joint accounts, and jointly titled real estate may pass outside probate.
Confirm priority heirs: If a surviving spouse, adult child, or parent exists, they may have priority for appointment. If you are the sibling, the court will appoint you only if no higher‑priority person is available or willing.
Be prepared for bond: If the court requires a bond, the cost can be significant. Heirs can sometimes waive bond in writing.
Watch the deadlines: Probate has notice and creditor claim timelines. Missing deadlines can hurt the estate or your ability to limit personal liability.
Consider whether you want the job: Serving as personal representative takes time and responsibility. You can hire an attorney or ask another interested person to serve instead.
Use county court resources: Each county’s probate clerk can explain filing fees and local procedures, but they cannot give legal advice.
Get legal help if contested: If another person disputes your appointment, or if the estate has complex assets or claims, consult a probate attorney to protect your interests and comply with Arizona law.

Key resources:

Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14
Arizona Judicial Branch — Probate & Estate Services: https://www.azcourts.gov/selfservicecenter/Probate
Arizona courts — probate forms and local court pages: https://www.azcourts.gov/probate

Next practical steps: If you think the estate requires formal probate, contact the superior court clerk in the county where your sister lived and ask for the probate intake checklist and fees. If the estate looks small or most assets pass outside probate, review the Arizona Judicial Branch small‑estate materials first.

Disclaimer:

This information summarizes Arizona probate procedures but is not legal advice. Laws change and facts matter. For advice about your specific situation — especially if there is a dispute or complex assets — consult a licensed Arizona probate attorney.