How do I get the probate court’s permission to sell the property when the clerk’s office won’t explain the filing requirements? — AZ | Arizona Probate | FastCounsel
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How do I get the probate court’s permission to sell the property when the clerk’s office won’t explain the filing requirements? — AZ

August 8, 2025 7 min read

Detailed Answer — How to get court permission to sell probate property in Arizona

Short answer: If you are the personal representative (the executor/administrator) and the will or Arizona law does not already give you express authority to sell the decedent’s real property, you must file a petition with the probate court asking for an order authorizing the sale. If you are not the personal representative, you will need to be appointed or request a special administration or court permission before selling property. The clerk’s office can provide forms and filing procedures but cannot give legal advice — if the clerk’s office won’t explain the filing requirements, use the court’s online resources, the Arizona probate rules and statutes, or seek limited legal help (free or paid) to prepare the petition and required notices.

Why you need the court’s permission

Arizona probate law gives the personal representative power to manage estate assets, but selling real property commonly requires either specific authority in the will or a court order because selling affects the rights of heirs, devisees and creditors. The court’s order protects the estate by ensuring notice, fair value and that sale proceeds will be handled properly under Arizona law (Title 14, Arizona Revised Statutes).

Primary Arizona legal sources (read these for procedure)

Step-by-step: What to do when the clerk won’t explain filing requirements

  1. Confirm your role and authority. Are you the appointed personal representative, a named executor, a beneficiary, or a prospective buyer? If you are not the personal representative, do not attempt to sell the property — you will need appointment or court authority.
  2. Review the will and any existing orders. The will sometimes grants the personal representative the power to sell estate property without further court approval. If the will grants clear authority, the sale may proceed under that authority; still follow notice and transfer requirements.
  3. Read the statutes and probate rules yourself. The clerk’s office cannot give legal advice but must accept properly filed papers. Read Title 14 of the Arizona Revised Statutes and the Arizona Rules of Probate Procedure to learn what petitions and notices the court requires (links above).
  4. Get the correct form or draft a petition for court authorization. Typical filings to sell real property include:
    • Petition for Order Authorizing Sale of Real Property (identify estate, legal description, reason for sale, and buyer or proposed terms)
    • Proposed Order authorizing sale
    • Notice to all interested persons (heirs, devisees, creditors, spouse)
    • Affidavit of mailing/notice and proof of service
    • Copy of purchase contract (if under contract) or broker listing and a recent appraisal or broker price opinion supporting fair market value
  5. Follow notice requirements exactly. The court will require notice to interested persons and sometimes publication. Notice timing and form are set by the probate rules and statutes — the court will not grant an order until proper notice is given and served.
  6. File the petition and proposed order with the clerk. Even if the clerk will not explain the law, they must accept properly formatted filings and stamp them filed. If the clerk refuses to accept papers, ask to speak with the court administrator or the presiding judge’s chambers about filing procedures.
  7. Request a hearing or ask the court to act on the papers. The court typically sets a hearing where interested persons can object. Bring evidence of value (appraisal or broker opinion) and the purchase contract or proposed terms.
  8. If you need emergency authority, ask for a temporary or special administration. If a sale is time-sensitive (e.g., to prevent loss of value), you can petition for temporary or special administration to obtain limited power to act quickly. The petition should explain the emergency and the requested limited powers.
  9. After the order, complete sale and record transfer documents. Once the judge signs an order authorizing the sale, follow the order, close escrow, pay valid claims/expenses, and record the deed in the county recorder’s office.

What to include in the petition (checklist)

  • Case name and probate number (or request that the court open the estate if one has not been opened)
  • Your name and title (Personal Representative or Petitioner)
  • Description of the property (legal description and address)
  • Reasons for the sale (e.g., to pay debts or because property is burdensome)
  • Proposed terms or copy of purchase contract
  • Evidence of value: appraisal, comparative market analysis, or broker opinion
  • List and addresses of interested parties (heirs, beneficiaries, devisees, creditors)
  • Proposed distribution of proceeds and any requested liens/encumbrance payoffs
  • Proposed form of order for the judge to sign

If the clerk won’t help: who else to contact

  • Ask for the court administrator or probate division manager at the superior court — they can explain filing policies (but not legal strategy).
  • Use the Arizona Judicial Branch self-help and probate instructions at the court website or the statewide probate rules (links above).
  • Contact a courthouse facilitator, self-help center, or legal aid organization for limited-scope help or form completion assistance.
  • Hire a probate attorney for a limited consultation or to prepare the petition and notices if the filing is complex or contested.

Common roadblocks and how to handle them

  • Clerk refuses to accept forms: Ask for the court administrator, document the refusal in writing (email), and file anyway by mail with a certificate of mailing if the court accepts mailed filings.
  • Unknown heirs or missing beneficiaries: The court may require notice by publication and a title search. Consider hiring a probate search service or attorney to locate interested parties.
  • Creditors objecting or filing claims: The sale may require money to be held to satisfy valid claims. The court will decide distribution according to Title 14 priorities.
  • Disagreement among beneficiaries: Expect a hearing. If beneficiaries object, mediation or settlement before the hearing often resolves issues faster than contested litigation.

Where to find forms and more information

When to get a lawyer

Hire or consult a probate attorney if: the estate is large or has complex assets; beneficiaries disagree; creditors are asserting claims; the property is encumbered or in bankruptcy; or you need a temporary/special administration quickly. You can hire an attorney for limited tasks (drafting the petition and notices) to save cost.

Helpful Hints

  • Start by confirming whether a probate estate already exists and locate the probate case number — filing is easier if the estate is already open.
  • Collect a recent appraisal or broker price opinion before filing — judges expect evidence that the sale is for fair market value.
  • Prepare a clean, professional packet: petition, proposed order, notice form and affidavit of mailing — courts prefer clear, complete filings.
  • Keep a record of all attempted communications with the clerk’s office (emails, names, dates). If the clerk refuses to accept filings, document the refusal and escalate to court administration.
  • Consider limited-scope legal help — many attorneys will prepare a petition and handle the hearing for a flat fee.

Disclaimer: This article is educational only and is not legal advice. It explains general Arizona probate procedure and common practices. For advice about your specific situation, consult a licensed Arizona probate attorney or the court’s self-help resources.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.