Court Safekeeping of Original Wills in Arizona

Short answer Arizona requires a will custodian, on an interested person's request after death, to deliver the will promptly to someone able to secure probate or, if none is known, to an appropriate court. A conservator holding a deceased protected person's will has a separate option to deliver it to the court for safekeeping or to the named personal representative, with different follow-up steps.

State

Arizona

Statute checked

October 5, 2026

Sources

3 statutes

Survey

Compare all 50 states and DC

At a glance

Statutory safekeeping route	Requested postdeath custodian delivery; optional conservator court safekeeping (§§ 14-2516(A), 14-5425(D)).
Who may deposit	Will custodian; conservator holding deceased protected person's will (§§ 14-2516(A), 14-5425(D)).
Proper court or clerk	Person able to secure probate, else appropriate court; conservator may use court or named representative (§§ 14-2516(A), 14-5425(D)).
Envelope and filing record	If conservator delivers to named representative, a copy goes in conservatorship court file (§ 14-5425(D)).
Fee and receipt	Cited postdeath delivery sections specify no safekeeping fee or receipt.
Custody before death	Cited delivery duties and options arise after the person's death (§§ 14-2516(A), 14-5425(D)).
Retrieval before death	Cited provisions address postdeath delivery, not lifetime withdrawal.
Notice after death	Interested person's request triggers custodian duty; conservator informs representative or beneficiary if court filing occurs (§§ 14-2516(A), 14-5425(D)).
Opening and release after death	Conservator may send original to named representative; if filed with court, representative or beneficiary is informed (§ 14-5425(D)).

After-death delivery

Section § 14-2516(A) makes delivery depend on both the testator's death and a request by an interested person. The custodian must act with reasonable promptness, delivering the will to someone able to secure probate or, if none is known, to an appropriate court.

What trips people up

A conservator has a distinct choice under § 14-5425(D) after the protected person dies. The conservator may deliver a held will to the court for safekeeping or to the personal representative named in it. Delivery to that representative requires filing a copy in the conservatorship case. Court filing requires informing the representative or a named beneficiary. The statute does not make the conservator's court delivery mandatory.

Common questions

Is a custodian liable for refusing a proper delivery request? Section § 14-2516(B) makes a person who willfully fails to deliver as required liable for resulting damages to an aggrieved person.

Does the conservator have to use the court route? No. Section § 14-5425(D) also permits delivery to the named personal representative, with a copy filed in the conservatorship case.

Statutes and sources

Ariz. Rev. Stat. §§ 14-2516(A)–(B) and 14-5425(D). Verbatim official text, section URLs, and access dates appear in the source fields above.

Source links

Every statute quoted above, linked, with the date we checked it.

Ariz. Rev. Stat. § 14-2516(A) · accessed 2026-10-05

Ariz. Rev. Stat. § 14-2516(B) · accessed 2026-10-05

Ariz. Rev. Stat. § 14-5425(D) · accessed 2026-10-05

This page summarizes statutes governing court or clerk custody of wills, not advice about a particular will. Filing for safekeeping does not itself establish validity or admission to probate. Check current official law and the receiving court’s authorized procedure before acting.

What does Arizona law mean for your facts?

You just read the general rule. Ask your own question and see which parts of current Arizona law apply to your situation, with citations you can check.

Opens in Ezel Pro.

Starts from the statutes this survey is built on
Cites every source it relies on, so you can verify it
Chat, drafting and research in one workspace