What to do if probate filings are missing or incorrect in an Arizona estate
Short answer: Locate the probate file at the county Superior Court, review the record (will, letters, inventory, accountings, petitions, orders, notices, and receipts), raise issues first with the personal representative or the representative’s attorney, and if that fails use court procedures (motions or petitions) to compel filings, correct errors, or remove a representative. Arizona statutes governing probate are in Title 14 of the Arizona Revised Statutes. This is general information, not legal advice.
Detailed answer — step-by-step review and correction process under Arizona law
1) Locate and get the probate case file
Probate in Arizona is handled by the county Superior Court where the decedent lived. Start by finding the court that opened the estate. Use the Arizona Judicial Branch court-finder and the court’s clerk’s office to get the case number and file. Many counties provide online docket search and PDF case files; others require an in-person or written request and payment for copies. See the Arizona courts self-help pages for probate: https://www.azcourts.gov/selfservicecenter/Probate and find your county court at: https://www.azcourts.gov/Find-Your-Court.
2) Know which documents to review
When you view the file, look for these core probate filings and records:
- Petition for Probate or Letters Testamentary/Letters of Administration (appointment of the personal representative).
- Filed will and order admitting the will to probate (if any).
- Inventory and appraisement of estate property.
- Accountings or reports of administration and any receipts, disbursements, or distribution schedules.
- Notices to heirs, devisees, and creditors and proof of service.
- Petitions and court orders approving fees, sales, compromise of claims, or final distribution.
- Any petitions to remove or surcharge a personal representative, and related hearings or orders.
3) Understand what Arizona law requires (overview)
Arizona law establishes duties for personal representatives (fiduciaries) such as giving notice to interested persons, filing inventories or accountings, keeping clear records, and following court orders. Those duties and probate procedures appear in Arizona Revised Statutes, Title 14. You can read the statutes at: https://www.azleg.gov/arstitle/14/. The Arizona courts also publish probate forms and procedural guidance at the link above.
4) Start informally: ask for corrections and missing filings
Often problems resolve quickly if you: (a) contact the personal representative or the representative’s attorney in writing, (b) identify the specific missing or incorrect filing (cite document and date), and (c) request a timeline or correction. Keep copies of all written communications and proof of delivery. If you are an interested person (heir, beneficiary, or creditor), state that status in your communications.
5) Use court procedures if informal requests do not solve the problem
If the representative will not fix the issue, you have several court remedies used in Arizona probate practice. Typical actions include:
- Motion or petition to compel filing or accounting: Ask the court to order the personal representative to file an inventory, accounting, or other required document.
- Petition for instructions or for an order correcting the record: Ask the court to decide a disputed accounting entry, correct a clerical error, or approve a retroactive correction.
- Petition to surcharge or to recover losses: If the representative’s incorrect filings caused loss to the estate, request an order requiring repayment or other remedy.
- Petition for removal or to appoint a special administrator: If the representative breaches fiduciary duties, acts in bad faith, or refuses to cooperate, you may seek removal and appointment of a replacement or a special fiduciary to complete tasks.
- Request for a docket/trial and subpoenas: If records are missing, you can ask the court for process to obtain information from third parties (banks, appraisers).
Each petition or motion must follow Arizona probate procedure, include proper notice to interested persons, and often requires a hearing. Relevant court forms and procedural guides can be found at the Arizona courts self-service site: https://www.azcourts.gov/selfservicecenter/Probate.
6) Evidence and proof to bring to court
When you file a petition, support it with evidence: copies of the file, dates of filings, bank statements showing transactions, receipts, appraisal reports, correspondence showing failed attempts to resolve the problem, and sworn declarations. Courts rely on documentary evidence and sworn testimony to decide corrections or sanctions.
7) Timing and deadlines
Deadlines vary by issue (for example, time to contest a will, to file claims, or court-set times to object to accountings). Because timing affects what remedies remain available, act promptly once you discover a missing or incorrect filing. For statutory text and specific deadlines, consult Arizona Revised Statutes, Title 14: https://www.azleg.gov/arstitle/14/.
8) Practical tips if you cannot afford an attorney
If you cannot afford counsel, the Arizona courts provide self-help information and some counties offer limited civil legal aid. Look for probate forms and instructions here: https://www.azcourts.gov/selfservicecenter/Probate. The clerk’s office can explain how to file forms, but they cannot give legal advice.
9) When to consider hiring a probate attorney
Hire an attorney if the issues are complex (allegations of mismanagement, large estate assets, contested accountings, or potential criminal misconduct). An attorney can prepare effective petitions, gather evidence, and represent you at hearings. Use the State Bar of Arizona lawyer referral or local bar referral services to find admitted counsel.
Helpful Hints
- Get a complete copy of the probate file early — don’t rely only on summaries from other family members.
- Make a checklist of required documents (will, letters, inventory, accountings, notices, distributions) and mark missing items.
- Keep written records of every request you make to the personal representative and their replies.
- Before filing in court, check whether a simple amendment or supplemental filing will fix the error — courts often allow supplements to correct mistakes.
- Always provide proper notice to other interested persons when you file a petition. Failing to notify can delay or invalidate court actions.
- Use the Arizona probate forms and self-help pages for standard petitions and check local county filing rules and fees.
- If you suspect theft, forgery, or criminal wrongdoing, contact law enforcement or the county attorney in addition to the probate court.
- Preserve financial records (bank statements, canceled checks, electronic records) that show distributions or transfers you believe are improper.
- When in doubt about deadlines or remedies, consult a probate attorney promptly — waiting can limit legal options.