What the Court Must Keep on File
Every probate, trust, or guardianship court case generates paperwork: petitions, court orders, inventories, and more. This statute requires the clerk of the superior court to maintain a record for each case. Those records must be organized so the public can access case information.
The clerk of the court shall keep a record for each decedent, ward, protected person or trust involved in any document which may be filed with the court under this title including petitions and applications, demands and any orders or responses relating thereto by the registrar or court, and establish and maintain a system for indexing, filing or recording which is sufficient to enable users of the records to obtain adequate information.
A.R.S. § 14-1305These records are open to the public. Family members researching an estate, attorneys gathering information for a new case, and title companies verifying property transfers all rely on the court's records being accurate and accessible.
How Certified Copies Work
A certified copy is an official court-stamped copy of a document on file. Personal representatives often need certified copies of letters testamentary. These copies allow them to access bank accounts, transfer property, or manage estate assets.
This statute requires the clerk to issue those copies when requested and the proper fees are paid. There are specific rules for what certified copies must include.
Certificates for probated wills must state whether the decedent lived in Arizona and whether the probate was formal or informal. Certificates for letters of appointment must show the date the personal representative was appointed.
If the appointment has been terminated, suspended, or revoked, the clerk cannot issue certified copies of those letters at all. This protects against someone using outdated authority to act on behalf of an estate.