How a Testamentary Guardian Appointment Works
A parent can name a guardian for their minor child in their will. This is called a testamentary appointment. It does not take effect the moment the will is signed.
Two conditions must be met first. Both parents must be deceased, or the surviving parent must be found incapacitated. The named guardian must also 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 by the parent who died later takes priority. Arizona also recognizes guardian appointments made under wills probated in other states. The other state must have been the testator's home state.
Notice Requirements After Acceptance
Once the guardian accepts, they must send written notice to the minor. They must also notify either the person currently caring for the child or the child's nearest adult relative.
This ensures everyone involved in the child's life knows the guardianship is in effect. For parents who want to control this decision, naming a guardian in a will is a clear and effective step.