The Right to Object at Fourteen
Arizona recognizes that teenagers have a meaningful stake in who serves as their guardian. Under this statute, a minor who is fourteen or older can block a testamentary guardian appointment before it takes effect, or 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 Once filed, the objection can be withdrawn if the minor changes their mind. This flexibility allows the process to adapt to the circumstances rather than 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, or any other suitable person, through a proper guardianship proceeding. The objection simply removes the automatic path. It shifts the decision to the court, where the minor's preferences become part of the conversation rather than being overridden by a document they had no say in creating.
For parents drafting a will, this statute is a reminder to consider the child's perspective when choosing a guardian, especially for children approaching their teenage years. A guardian the child trusts and respects is more likely to create a stable transition during an already difficult time.
