How to Contest a Sibling’s Application for Letters of Administration in Arizona

Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed Arizona probate attorney.

Detailed answer — overview of the process under Arizona law

When a person dies without a valid will (intestate) or when the will does not name a personal representative, someone (often a close family member) may file a petition asking the probate court to issue letters of administration (appoint a personal representative) to administer the decedent’s estate. In Arizona, these matters are handled under the probate statutes in Title 14 of the Arizona Revised Statutes and the Arizona probate procedures.

If you believe your sibling should not be appointed as personal representative, you can formally challenge (object to) their application. The basic steps and principles below explain how that challenge typically works in Arizona courts. Because local practice and deadlines can vary, use this as a roadmap and check the actual statutes, court rules, and the clerk’s instructions for the county where the probate case is filed.

1. Confirm what was filed and the notice you received

Obtain the filed petition and any notice of hearing from the probate court clerk. The petition will state the grounds for administration and who applied.
Check the hearing date and any deadlines for filing a written objection. The court’s notice or local rules will state how and when to respond.

2. Grounds for objecting (common reasons)

Typical bases to oppose appointment include:

The proposed personal representative is not qualified or suitable (for example, lacks legal capacity or is otherwise disqualified under state law).
There is a conflict of interest or a serious appearance of impropriety.
The proposed representative has acted improperly toward the decedent’s estate or heirs (fraud, concealment, self-dealing).
The person with higher priority (per Arizona probate law) seeks appointment instead.
There is a pending probate of a valid will that names a different personal representative.

Arizona law and court rules give the judge discretion to appoint the person best suited and entitled under the law. See Arizona Revised Statutes, Title 14 (Probate). For statute texts and related provisions, review Title 14 here: Arizona Revised Statutes, Title 14 — Probate, Trusts and Fiduciaries.

3. File a written objection or formal response

Prepare and file a written objection (sometimes called a “contest” or “objection to appointment”) with the probate court where the petition was filed. The objection should state: (a) who you are, (b) your relationship to the decedent, (c) the case number, (d) the reasons you oppose appointment, and (e) the relief you seek (for example, deny appointment; appoint another person; order a hearing).
Follow the local filing rules: number of copies, signature requirements, and any required filing fee or application for in forma pauperis if you cannot pay.
Serve the objection on the applicant (your sibling) and all required parties (heirs, beneficiaries, creditors, the county attorney as required). Proof of service goes on file with the court.

4. Request a hearing and prepare evidence

If the court has already set a hearing date, make sure the court receives your objection before the hearing. If no hearing is set, ask the court clerk or judge’s clerk to set one.
Gather documentary evidence and witness statements supporting your objection: emails, financial records, medical records showing incapacity, prior criminal convictions if relevant and permitted, proof of another person’s priority, or evidence of misconduct.
Consider motions the court may allow before or during the hearing — for example, asking the court to require a bond, to appoint a neutral special fiduciary, or to order expedited discovery if needed to locate assets or prove wrongdoing.

5. Use probate discovery and subpoenas if necessary

Arizona probate procedure allows limited discovery. If factual disputes exist, you can ask the court to permit depositions, document production, or subpoenas for records. Coordinate discovery requests with court deadlines and the judge’s orders.

6. Attend the hearing and present your case

At the hearing, present your evidence, question witnesses, and make legal arguments about why the applicant should not receive letters of administration.
The applicant will have the opportunity to respond, present witnesses, and argue for appointment.
The judge will decide whether to appoint the applicant, appoint someone else, or take other action (require bond, impose supervision, or deny appointment).

7. Post-hearing remedies

If the court appoints the applicant and you still believe the appointment was improper, you may have the right to appeal or ask the court to remove or replace the personal representative later if misconduct is discovered. The available remedies and timelines depend on the circumstances and court rules.

Key Arizona resources and rules

Arizona Revised Statutes, Title 14 (Probate, Trusts and Fiduciaries): https://www.azleg.gov/arsDetail/?title=14
Arizona Courts — Probate information and local rules: https://www.azcourts.gov/ (use the county’s probate division page for local procedures and forms)

When to hire an attorney

Probate contests can involve complex issues of statutory priority, evidentiary proofs, and strict procedural timelines. Consider hiring an Arizona probate attorney if:

Significant estate assets are at stake.
You suspect fraud, self-dealing, or incapacity.
The opposing party has retained counsel or the matter is contested aggressively.
You need help with discovery, subpoenas, or appeals.

An attorney can file pleadings for you, represent you at hearings, and protect your rights under Arizona law.

Helpful Hints

Act quickly: probate schedules move fast. Read any court notice immediately and calendar deadlines.
Get certified copies of the death certificate and filed probate paperwork from the clerk’s office.
Collect evidence now: bank statements, communications with the decedent, medical records, and any document showing a different person’s priority.
Confirm service rules: improper service can delay or invalidate a contest.
Ask the court for an interpreter or accommodations if you need them.
Check county local rules and the judge’s standing orders — they can affect deadlines and hearing procedures.
If cost is a barrier, search for legal aid organizations or limited-scope (“unbundled”) representation in Arizona that may assist with parts of the matter.

For statute text and more detailed legal provisions, consult Title 14 of the Arizona Revised Statutes: https://www.azleg.gov/arsDetail/?title=14. For court procedures and local forms, visit your county’s probate division on the Arizona Courts site: https://www.azcourts.gov/.

Again, this is educational information, not legal advice. If you intend to formally contest an appointment, talk to a qualified Arizona probate attorney promptly.