How a Testamentary Guardian Appointment Works
A parent can name a guardian for their minor child directly in their will. This is called a testamentary appointment. It does not take effect the moment the will is signed. The appointment becomes effective only when two conditions are met: both parents must be deceased (or the surviving parent adjudged incapacitated), and the named guardian must file a written acceptance with the court where the will is probated.
The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under section 14-5203, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated, if before acceptance, both parents are dead or the surviving parent is adjudged incapacitated.
A.R.S. § 14-5202If both parents have passed away, the appointment made by the parent who died later takes priority. Arizona also recognizes testamentary guardian appointments made under wills probated in other states, as long as that state was the testator's domicile. This cross-state recognition provides families with flexibility when they have connections to multiple jurisdictions.
Notice Requirements After Acceptance
Once the guardian accepts the appointment, they must provide written notice to the minor and to either the person currently caring for the child or the child's nearest adult relative. This ensures that everyone involved in the child's life knows the guardianship is now in effect. For parents who want to control this decision rather than leaving it to a court, naming a guardian in your will is a straightforward and effective step.
