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A.R.S. § 14-5202

Appointing a Guardian for Your Child Through Your Will

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

Arizona allows parents to name a guardian for their unmarried minor child in a will. The appointment takes effect when the named guardian files an acceptance with the court. Both parents must have passed away, or the surviving parent must have been found incapacitated.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

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. § 14-5202

If 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.

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. If both parents are dead, an effective appointment by the parent who died later has priority. This state recognizes a testamentary appointment effected by filing the guardian's acceptance under a will probated in another state which is the testator's domicile. Upon acceptance of appointment, written notice of acceptance must be given by the guardian to the minor and also to either the person having his care or his nearest adult relation.

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.

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