Petition for Probate of Will and for Letters Testamentary

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [COUNTY] (PROBATE DIVISION)

1. CAPTION AND CASE INFORMATION

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]

Address: [STREET ADDRESS], [CITY], Arizona [ZIP CODE]

Telephone: [____________________] Email: [____________________]

Statement of interest of Petitioner (A.R.S. § 14-3301(B)(1)(a)):
☐ Person nominated as personal representative by the Will or by a power conferred in the Will
☐ Surviving spouse of the Decedent
☐ Adult child, parent, brother, or sister of the Decedent
☐ Heir or devisee of the Decedent
☐ Other interested person: [____________________________________]

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____].

b. The Decedent was domiciled in [COUNTY] County, Arizona, at the time of death. Venue for these proceedings is proper in this county under A.R.S. § 14-1303.

c. ☐ The Decedent was not domiciled in Arizona at death but owned property in [COUNTY] County, Arizona; a statement showing venue is set forth here (A.R.S. § 14-3301(B)(1)(c)): [________________________________].

d. This Petition is filed within the applicable time limit: ☐ two (2) years or less have passed since the Decedent's death; or ☐ more than two years have passed and the circumstances described in A.R.S. § 14-3108 authorizing tardy probate apply.

e. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] (and codicil(s) dated [____________], if any).

f. Petitioner ☐ has not received / ☐ has received a demand for notice (A.R.S. § 14-3301(B)(1)(e)): [________________________________].

g. No personal representative of the Decedent has been appointed in this state or elsewhere whose appointment has not been terminated, except: [________________________________ or "None"].

5. THE WILL OFFERED FOR PROBATE

a. The original of the Decedent's Last Will and Testament, executed on [__/__/____], ☐ is in the possession of the Court / ☐ accompanies this Petition (A.R.S. § 14-3402(A)(3)).

b. ☐ A certified copy of a will probated in another jurisdiction accompanies this Petition. ☐ The original is lost, destroyed, or otherwise unavailable; the contents of the Will are stated in the attachment (A.R.S. § 14-3402(A)(3)).

c. Petitioner, to the best of Petitioner's knowledge, believes the Will to have been validly executed (A.R.S. § 14-3301(B)(2)(b)), having been signed by the Decedent and by at least two witnesses in conformity with A.R.S. § 14-2502.

d. After the exercise of reasonable diligence, Petitioner is unaware of any instrument revoking the Will and believes the instrument offered is the Decedent's last Will (A.R.S. § 14-3301(B)(2)(c)).

e. Self-proving status:

☐ The Will is self-proved under A.R.S. § 14-2504, containing the acknowledgment of the Decedent and the affidavits of the witnesses before an officer authorized to administer oaths. It may be admitted to probate without the testimony of any attesting witness.

☐ The Will is not self-proved; Petitioner will prove due execution as the Court directs.

f. Attesting witnesses:

6. DEVISEES AND HEIRS ENTITLED TO NOTICE

A. Devisees under the Will:

B. Heirs of the Decedent (those who would take by intestate succession under A.R.S. § 14-2101 et seq.), entitled to notice:

☐ The Decedent was survived by a spouse: [NAME].

7. ESTIMATED VALUE OF THE ESTATE

8. NOMINATION, PRIORITY, AND QUALIFICATION OF PERSONAL REPRESENTATIVE

a. The Will nominates [PETITIONER / NOMINATED EXECUTOR NAME] as personal representative. The person with priority as determined by a probated will, including a person nominated by a power conferred in the will, has the first priority for appointment under A.R.S. § 14-3203(A)(1).

b. Petitioner is not disqualified: Petitioner is of the age of majority, is not a person whom the Court has found unsuitable, and is not a foreign corporation, as required by A.R.S. § 14-3203(F).

c. This Petition is brought as a formal proceeding under A.R.S. § 14-3402 and, as to appointment, under A.R.S. § 14-3414.

9. BOND

a. Bond is governed by A.R.S. § 14-3603. A bond is required of a personal representative unless one of the statutory exceptions applies.

☐ The Will expressly waives bond (A.R.S. § 14-3603(A)(1)); Petitioner requests that no bond be required.

☐ All devisees under a will that does not provide for waiver have filed written waivers of the bond requirement (A.R.S. § 14-3603(A)(2)).

☐ The personal representative is a qualifying corporate fiduciary or public fiduciary (A.R.S. § 14-3603(A)(3)).

☐ None of the exceptions applies; Petitioner will furnish bond. Estimated bond amount: $[________________].

b. Petitioner acknowledges that, notwithstanding any waiver, the Court may require bond on petition of an interested person for good cause shown (A.R.S. § 14-3603(B)).

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court, after notice and hearing:

a. Enter an order as to the testacy of the Decedent in relation to the instrument offered, and determine the heirs;

b. Admit the Decedent's Last Will and Testament dated [__/__/____] (and any codicil) to formal probate under A.R.S. § 14-3402;

c. Appoint Petitioner as personal representative of the estate pursuant to A.R.S. §§ 14-3203 and 14-3414;

d. Direct issuance of Letters Testamentary to Petitioner upon qualification;

e. Determine that no bond is required, or fix bond as appropriate under A.R.S. § 14-3603;

f. Grant such other relief as the Court deems just and proper.

11. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], verify under penalty of perjury that I have read the foregoing Petition and that the statements in it are accurate and complete to the best of my knowledge and belief (A.R.S. §§ 14-1310, 14-3301(B)).

Executed on [__/__/____] at [CITY], [STATE].

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

12. CERTIFICATE OF SERVICE / NOTICE

Notice of the hearing on this Petition has been or will be given to all interested persons — devisees, heirs, any person having or claiming priority for appointment, and any person who has filed a demand for notice — as required by A.R.S. § 14-1401 (notice given at least 14 days before the time set for the hearing, by mail, personal delivery, or publication as applicable).

Signature: ______________________________________

Printed Name: [PETITIONER / ATTORNEY NAME]

Arizona State Bar No.: [________________] (if attorney)

Address: [________________________________]

Telephone: [____________________] Email: [____________________]

ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicil), or certified copy / statement of contents if unavailable
☐ Self-proving affidavit, if separate (A.R.S. § 14-2504)
☐ Certified copy of Death Certificate
☐ Acceptance of appointment by personal representative
☐ Written waivers of bond and/or notice (if applicable)
☐ Proposed Order admitting Will and appointing personal representative (A.R.S. § 14-3402)
☐ Proposed Letters Testamentary
☐ Bond, unless excepted under A.R.S. § 14-3603
☐ Notice of hearing and proof of service / publication (A.R.S. § 14-1401)
☐ Filing fee
☐ County-specific probate cover sheet / local forms

SOURCES AND REFERENCES

• A.R.S. § 14-1303 — Venue; multiple proceedings; transfer
• A.R.S. § 14-3402 — Formal testacy/appointment petition; contents
• A.R.S. § 14-3301 — Application contents (adopted by § 14-3402)
• A.R.S. § 14-3203 — Priority among persons seeking appointment
• A.R.S. § 14-3414 — Formal proceedings concerning appointment
• A.R.S. § 14-2502, § 14-2504 — Execution and self-proved wills
• A.R.S. § 14-3603 — Bond required; exceptions
• A.R.S. § 14-3108 — Time limit; tardy probate
• A.R.S. § 14-1401 — Notice; method and time of giving