Filing a Will or Probate Case
If you wish to file a will, we recommend that you contact an attorney. If you wish to file for Informal Probate of a Will, you must be named in the will as Personal Representative, be an heir of the decedent or be a creditor. If you do not have the original will, you must file a Formal Probate.
The Probate Filing Counter is located at 201 W. Jefferson in Phoenix, or at our Southeast location, 222 E. Javelina in Mesa, or at our Northwest Regional Court Center location at 14264 W. Tierra Buena Lane in Surprise, or at our Northeast Regional Court Center at 18380 N. 40th St., Suite 120, in Phoenix, Monday through Friday from 8:00 am - 5:00 pm. Many forms are available online through the Clerk’s Forms page or the Law Library Resource Center. For additional information, you may call (602) 37-CLERK, or (602) 372-5375.
Filing an Affidavit of Real Property or an Affidavit of Personal Property
To file an Affidavit of Real Property, the following conditions apply:
- Six months must have passed from the date of death;
- You must provide a certified copy of the death certificate;
- A valid original will if there is one;
- The decedent's interest must not be valued in excess of $100,000;
- The person entitled to the property must be the one to collect the property by affidavit.
To use an Affidavit of Personal Property, the following conditions apply:
- 30 days must have passed from the date of death;
- The personal property must not be valued in excess of $75,000;
- The form is filled out by the person entitled to collect assets.
The Affidavit of Personal Property does not need to be filed with the Clerk of the Court. It is signed, notarized, and presented to the party holding the asset.
Trust Documents
There is no provision in the Arizona Revised Statutes for the filing of Trust documents with the Superior Court. If you have a Notice of Trust that you would like to be made public record, you will need to contact the Maricopa County Recorder's Office to inquire about the costs and procedures for having documents recorded.
Safekeeping of Wills
Arizona no longer has any provisions in the Statutes for the filing of Wills for Safekeeping. If you are inquiring as to whether someone may have had a Will for Safekeeping placed with the Clerk's Office before the change in Statute, please contact (602) 37-CLERK, or (602) 372-5375.
A Will that is currently in safekeeping is not public record and can only be released to the person that drew up the Will or an attorney for their estate.
Estates
If you are inquiring as to whether a decedent has an existing probate case, please contact customer service at (602) 37-CLERK, or (602) 372-5375.
Claims Against Estates
In order to file a Claim against an Estate, you must have a valid probate case number on the document along with a $30.00 filing fee.
Demands for Notice
A Demand may be filed against a decedent's estate by submitting the Demand along with a $30.00 filing fee. A Demand does not have to have an existing probate number. If you are filing a Demand on an estate not yet filed with the Court, the Probate Registrar will check all new Informal Probates against the Demand list.
When a probate estate has been opened, the Demand will then be filed into the estate matter. If no case has been opened within 2 years of submitting the Demand, the Demand will be destroyed.