Maricopa County Probate Records

Probate records are court documents detailing the administration of a deceased person’s estate. These typically include wills, estate inventories, guardianship files, and other related documents. Like other Maricopa County court records, probate records are relevant within the judicial system as they help ensure the rightful transfer of a decedent’s assets. Individuals may seek probate records to verify inheritance claims, resolve estate disputes, or conduct historical and genealogical research.

In Maricopa County, probate filing may be informal or formal. Informal probate is a less complicated process where the decedent’s will regarding their estate is uncontested, and all beneficiaries or heirs are in agreement. In a formal probate process, the will is contested by one or more beneficiaries. In such cases, a judge or commissioner is required to resolve the dispute.

Are Probate Records Public?

Yes. In Arizona, probate records are generally public pursuant to Arizona Revised Statute § 39-121. The law allows any individual to inspect probate records during office hours. However, some records have statutory limitations regarding public access. According to the Arizona Rules of Probate Procedure, Rule 8 (Ariz. R. Prob. P8), the following probate records are confidential:

• Probate information forms filed under Ariz. R. Prob. P13
• Medical records
• The social security numbers of living persons
• Financial account numbers, excluding the last four digits
• Other documents and information sealed by the court

Only parties involved in a probate case, appointed attorneys, court investigators, or officials with relevant duties may access confidential probate records. Other persons may need court authorization to access a confidential probate record by demonstrating good cause.

What is Probate Court in Maricopa County?

The Maricopa Superior Court’s Probate and Mental Health Department handles probate proceedings in the county. The department manages conservatorships, guardianships, decedent’s estates, adult adoptions, and mental health cases.

To support low-income individuals, the department offers the Probate Lawyers Assistance Program (PLAP), providing access to legal consultations for probate matters.

The Probate and Mental Health Department is located at:

201 West Jefferson Street
Phoenix, AZ 85003
Phone: (602) 506-3668
Fax: (602) 506-0702

Probate Court Case Lookup

Probate court records in Maricopa County are maintained by the Clerk of the Superior Court. Individuals can visit the clerk at the courthouse to obtain a copy of a probate case record. Acquiring a copy of a probate record costs 50 cents per page. If a copy is needed for legal or official purposes, the requester may request a certified copy of the record, which costs an extra $35.

A request for a copy can also be made online using the Online Records Request Form. Those who wish to inspect probate records without obtaining copies can use the public access computers available at various locations, including the Customer Service Center located at:

601 West Jackson
Phoenix, AZ 85003

Accessing probate records via public computers is free but must be done during regular business hours. Individuals party to a probate case may check out the Superior Court’s Electronic Court Record (ECR) database. ECR users must have a registered account and be directly involved in a case. Other persons not directly related to a probate case can only access case history information online through the Probate Court Case Information portal. Users can search for a case record by name or case number.

How to Find Probate Records Online Free

The Maricopa County Probate Court Case Information portal provides online users with details about a local probate case for free. Users requiring more information on a case may consider a search on third-party websites. These sites generally allow users to query their databases for case information free of charge. However, researchers may need to pay to access detailed content.

How Long Does Probate Take in Arizona?

The duration of probate in Arizona varies based on the type of proceeding and the circumstances surrounding the estate. Informal probates are usually straightforward and do not require major court interventions. As a result, the process could take as little as four months (compulsory wait time) to be concluded. Under Arizona Revised Statutes § 14-3801, creditors are given four months to present claims against a decedent’s estate. Once the four months lapse, creditors are barred from making new claims.

A formal probate is a more complicated process that requires court supervision. Depending on the challenges to the will’s validity and disputes among beneficiaries, it could last years.

Are Wills Public Record?

Yes. In Maricopa, Arizona, a will becomes a public record upon submission to the probate court following the testator's death. When submitted for probate, it is included in the Superior Court’s probate records and is generally accessible to the public.

However, some details within the will may remain confidential even after it becomes a public record. Sensitive information, like Social Security and financial account details, is protected under Arizona Rules of Probate Procedure, Rule 8. These confidential portions are typically limited to heirs, spouses, legal representatives, and court-authorized individuals.

How to Find Out If Someone Has a Will

Individuals can contact the Maricopa Superior Court to check if a will has been filed. However, a living person’s will remains private and cannot be disclosed to a third party. To determine if a living person has a will, individuals can ask them directly, contact their attorney, speak with family members, or check secure locations like a safe deposit box.

A deceased person’s will can be accessed at the Superior Court Clerk’s Office, provided it has not been sealed. Individuals with a Superior Court Electronic Court Record (ECR) account can search for wills linked to probate cases they are directly involved in. Others can use the Probate Court Case Information portal to check a probate case history to see if a will has been filed for a case.

Maricopa County Family Court Case Search

Maricopa County has a Family Department that deals with divorce, conciliation, and child support issues. The county's Superior Clerk of Court maintains family case records and probate records.

To request a family court record, an inquirer must provide the clerk with a case number or party name. Individuals involved in a case can access documents through the Electronic Court Record (ECR) portal. However, certain family court records, like those involving juveniles, adoptions, or domestic violence protection orders, are confidential. Access to these restricted records is limited to authorized parties, including attorneys and individuals involved in a case. Third parties must obtain a court order to access such records.

Certified copies of a family court record can be obtained for a fee at the clerk’s office or by submitting the Online Records Request Form.