Skip to main content
Skip to explanation
A.R.S. § 14-3502

Who Can Request Supervised Administration

Verified April 4, 202657th Legislature, 1st Regular Session

Any interested person or personal representative can petition the court for supervised administration. The court will order it if the will requires it, if protection of interested persons demands it, or if the circumstances call for closer court oversight.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

When the Court Steps In

Most estates move through the probate process informally. The personal representative handles day-to-day decisions without asking the court for permission at every step. Supervised probate is the alternative. It places the court in an active court oversight role. The court must approve major actions like distributing assets.

A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the prayer for supervised administration may be joined with a petition in a testacy or appointment proceeding.

A.R.S. § 14-3502

The petition can be filed at any point during the process. It can also be combined with a petition to admit a will to formal probate or appoint a personal representative. If the court has not yet addressed the validity of the will or the qualifications of the personal representative, it will resolve those questions as part of the same proceeding.

Three Paths to Supervised Administration

Among the types of probate in Arizona, supervised administration stands apart. The law identifies three situations where the court will order it:

  • The will itself directs supervised administration. The court will follow that instruction unless circumstances have changed since the will was signed. In that case, supervision may no longer be needed.
  • The will directs unsupervised administration. However, the court finds supervision is needed to protect the interests of heirs or beneficiaries.
  • Neither directive exists. The court decides supervision is appropriate given the facts.

If the decedent's will directs unsupervised administration, supervised administration shall be ordered only upon a finding that it is necessary for protection of persons interested in the estate.

A.R.S. § 14-3502(2)

In practice, supervised administration is most often requested when beneficiaries have concerns about how the personal representative is managing the estate. Disputes over personal property, complex assets, or potential conflicts of interest also trigger these petitions. Whether coming from informal probate or formal probate, the Arizona court can step in when needed.

14-3502. Supervised administration; petition; order A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the prayer for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously, the petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration, even though the request for supervised administration may be denied. After notice to interested persons, the court shall order supervised administration of a decedent's estate: 1. If the decedent's will directs supervised administration, it shall be ordered unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration. 2. If the decedent's will directs unsupervised administration, supervised administration shall be ordered only upon a finding that it is necessary for protection of persons interested in the estate. 3. In other cases if the court finds that supervised administration is necessary under the circumstances.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Get Started Today

Need Help With Your Estate Plan?

Whether you are just getting started or reviewing an existing plan, RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570