Where the Money Comes From
The probate fund is not funded by taxpayers. It draws from fees collected in probate and protective proceedings under specific statutes. Each month, the clerk of the court transmits those collected fees to the county treasurer for deposit into the fund.
The presiding judge of the superior court in each county may establish a probate fund consisting of monies received pursuant to sections 14-3722, 14-5314 and 14-5414.
A.R.S. § 14-5433(A)This creates a self-sustaining mechanism. The fees generated by probate and conservatorship cases cycle back into the system to benefit the people those cases are designed to protect.
How the Fund Is Used
The presiding judge of the superior court administers the fund. Its purpose is specific: to preserve, audit, and safeguard the estates and wards for whom the court has fiduciary responsibility. This can include court-ordered audits of conservatorship accounts, investigations into potential financial abuse, or other protective measures.
The presiding judge of the superior court shall administer or spend monies in the fund to preserve, audit and safeguard the estates and wards for whom the court has a fiduciary responsibility.
A.R.S. § 14-5433(C)The fund supplements existing local funding for probate services rather than replacing it. Any investment earnings on the fund's balance are credited back to the fund. This structure gives Arizona courts a dedicated resource for oversight, separate from the county's general budget.