What Documentation Is Required to Apply for Letters of Administration in Arizona? | Arizona Probate

Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult an Arizona-licensed attorney for guidance tailored to your situation.

Detailed Answer

When someone dies without a valid will (intestate) in Arizona, you must obtain Letters of Administration to appoint a personal representative to manage the estate. You file your application in the Superior Court of the county where the decedent resided. Arizona law outlines both who may apply and what documents to submit.

Statutory Framework: Under ARS §14-3102, certain relatives or creditors may petition. The required contents appear in ARS §14-3112. If a bond is required, see ARS §14-3202.

Petition for Letters of Administration: Complete the state’s probate petition form (often Form PC 0801). This includes decedent’s name, date of death, and relationship of petitioner to decedent.
Certified Death Certificate: Obtain an official copy from the Vital Records Office. Counties will not accept hospital photocopies.
List of Heirs and Beneficiaries: Provide names, addresses, and relationships. You can submit an Affidavit of Heirship if heirs are not immediately known.
Oath of Personal Representative: Swear to perform fiduciary duties and follow court orders.
Bond or Bond Waiver: If the court requires a bond, submit proof of surety or request waiver under ARS §14-3202. Spouses or residuary beneficiaries often qualify for waiver.
Notice and Publication Proof: Serve notice to known heirs and publish in a local newspaper per ARS §14-3113. File affidavits of service and publication before the hearing.
Inventory and Appraisal (later): Once appointed, the personal representative must file an inventory and appraisal of estate assets under ARS §14-3141.

Helpful Hints

Check your county court’s probate department website for local forms and fee schedules.
Gather certified copies early—delays often occur waiting for the death certificate.
Confirm notice requirements: surviving spouse and next of kin must receive personal notice.
Use a probate checklist to track filings: petition, bond, notices, and proof of publication.
Keep organized copies of everything filed; courts may require additional submissions.
If estate assets exceed certain values, consider hiring a probate attorney for complex estates.