The Right to Object at Fourteen
Arizona recognizes that teenagers have a real stake in who serves as their guardian. A minor who is fourteen or older can block a testamentary guardian appointment before it takes effect.
The minor can also end an existing appointment within thirty days after receiving notice of acceptance.
A minor of fourteen or more years may prevent an appointment of his testamentary guardian from becoming effective, or may cause a previously accepted appointment to terminate, by filing with the court in which the will is probated a written objection to the appointment before it is accepted or within thirty days after notice of its acceptance.
A.R.S. § 14-5203The objection must be filed in writing with the court where the will was probated. Once filed, it can be withdrawn if the minor changes their mind.
This flexibility lets the process adapt to the situation. It avoids locking in a decision that may not serve the child's best interests.
What Happens After an Objection
Filing an objection does not mean the minor goes without a guardian. The court can still appoint the person named in the will through a proper guardianship proceeding. It can also appoint any other suitable person.
The objection removes the automatic path. As a result, the court takes over the decision. The minor's preferences become part of that process.
For parents drafting a will, this statute is a reminder. Consider the child's perspective when choosing a guardian, especially for children nearing their teenage years. A guardian the child trusts is more likely to create a stable transition.