Yuma Probate Records

Yuma probate court records are managed by Yuma County Superior Court. As the county seat and largest city in the county, Yuma hosts the courthouse where all probate matters are handled. The court processes estate administration, guardianship petitions, conservatorship filings, and related cases. Yuma County has specific procedures and forms that differ from other Arizona counties. Note that Yuma County does not accept ez-Courtforms, so you must use the county's approved forms.

Where Yuma Residents File Probate

Yuma residents file probate cases at Yuma County Superior Court at 250 W. 2nd Street, Yuma, AZ 85364. The main phone number is (928) 817-4210 and the fax is (928) 817-4211. The Clerk of Superior Court is Lynn Fazz. You can email the clerk at lfazz@courts.az.gov.

The courthouse is open Monday through Friday from 8:00 AM to 5:00 PM. It closes on weekends and state holidays. Plan your visit during these hours. The court may have lunch closures or reduced staffing at certain times. Call ahead if you have questions about when to come.

The courthouse is in downtown Yuma near other government offices. Street parking and lots are available nearby. Bring exact change or a credit card for meters if needed. Allow time for security screening when you enter the building. You cannot bring weapons or certain items inside.

Yuma County Probate Filing Requirements

To open a probate case, you need specific documents. Start with the original will if the deceased person had one. The court must have the actual will, not a copy. You also need a certified copy of the death certificate. Get this from the county vital records office or the state.

Make a detailed list of the deceased person's assets. Include bank accounts with balances, real estate with estimated values, vehicles, investments, and personal property. List debts too. This information helps determine what type of probate applies.

You need names and addresses of heirs and beneficiaries. The court must notify these people about the case. For estates with a will, list the beneficiaries named in the will. For estates without a will, list relatives who inherit under Arizona law. This includes spouse, children, parents, and siblings.

Yuma County has its own forms. The county does not accept ez-Courtforms that work in other Arizona counties. Get forms from the Yuma County Superior Court website or the clerk's office. Using the wrong forms will delay your filing. The clerk will reject documents that are not on approved forms.

Probate Filing Fees

Yuma County charges $281 for an informal probate application. This same fee applies to affidavits of succession for real property. Petitions for guardianship or conservatorship also cost $281. These fees are due when you file. The clerk will not accept your documents without payment.

Contested petitions cost $192. This applies when you file a response opposing another party's petition. Post-judgment activities and petitions to reopen probate cost $102. These fees are lower than initial filing fees but still add to the total cost.

Other costs include copy fees and certification fees. Regular copies cost around 50 cents per page. Certified copies cost more. You will need certified copies of letters of appointment to show banks and title companies. Plan for these expenses when budgeting for probate.

If you cannot afford fees, ask about fee waivers. The court has forms to request a waiver based on income. You must show your financial situation to the judge. If approved, the court waives some or all fees. Ask the clerk's office for fee waiver forms.

Types of Probate Proceedings

Informal probate is the most common type in Arizona. It works for straightforward cases where no one disputes the will or appointment. A registrar reviews the application and issues letters of appointment without a hearing. This is faster and simpler than formal probate.

Formal probate requires a judge to hear the case. Use this when someone challenges the will's validity. Use it when people disagree about who should serve as personal representative. Formal probate involves hearings and takes longer. It costs more in fees and attorney time.

Guardianship cases give someone authority over personal decisions for another person. The court appoints guardians for incapacitated adults who cannot make their own decisions. It also appoints guardians for minor children when parents cannot care for them. The guardian makes choices about healthcare, living situation, and daily needs.

Conservatorship involves managing money and property. A conservator handles finances for someone who cannot manage their own affairs. This includes adults with dementia, brain injuries, or severe mental illness. The conservator pays bills, manages investments, and protects assets. The court requires regular reports on finances.

Arizona Fiduciary Training

Arizona law requires training for personal representatives, guardians, and conservators. This applies to non-licensed fiduciaries. You must complete approved training before getting permanent letters of appointment. In emergencies, you have 30 days after a temporary appointment to finish training.

The training covers your legal duties. It explains what reports you must file. It tells you what actions need court approval. The training protects the people you serve by making sure fiduciaries know the rules.

Training is available online through the Arizona Judicial Branch. The court website has links to approved programs. Complete the training and save your certificate. You must file proof of completion with the court. The clerk can tell you exactly what documentation to submit.

Small Estate Procedures

Arizona allows simplified procedures for small estates. Personal property worth $200,000 or less can transfer by affidavit. Wait 30 days from the death before using this method. The affidavit collects bank accounts, vehicles, and other personal property without opening a probate case.

Real property worth $300,000 or less has a separate affidavit procedure. You must wait six months from the death. File the affidavit of succession to real property with the court. Then record it with the county recorder. This transfers title without full probate.

The value limits are after subtracting liens and debts. A house worth $350,000 with a $75,000 mortgage has $275,000 in equity. That qualifies for the small estate affidavit. Calculate values carefully before choosing this option.

Small estate procedures save time and money. They work well when heirs agree and there are no disputes. If problems arise, you may need to open a regular probate case instead. The probate registrar can help you decide which process fits your situation.

Time Limits and Deadlines

Arizona sets a two-year deadline for opening probate. Under A.R.S. 14-3108, you must start proceedings within two years of death. After that, the court may refuse to accept your case. Do not delay. Start the process as soon as practical.

Creditors have deadlines too. Once you publish notice to creditors, they have four months to file claims. Claims filed after the deadline may be barred. As personal representative, you control this timeline by when you publish notice.

The court sets deadlines for reports and accountings. Guardians and conservators must file reports on schedule. Missing deadlines can lead to court sanctions. It may even result in removal as fiduciary. Keep a calendar of all due dates.

Public Fiduciary Services

Yuma County has a Public Fiduciary office for cases where no suitable private person is available. The office is at 3007 S. Pacific Avenue, Yuma, AZ 85365. The phone number is (928) 373-1145. This line operates 24 hours a day, 7 days a week for emergencies.

The public fiduciary takes court-appointed cases. This happens when family members are unable or unwilling to serve. It also happens when the court finds that a private fiduciary is not appropriate. The public fiduciary charges fees that come from the estate or ward's assets.

If you need help finding a fiduciary for a family member, contact the public fiduciary office. They can explain their services and eligibility requirements. They may also know about private professional fiduciaries in the area.

Accessing Probate Records

Probate records in Arizona are generally public. You can view case files at the clerk's office during business hours. Ask for the case number or party name to locate files. The clerk charges fees for copies. Certified copies cost extra.

The Arizona Judicial Branch Public Access portal lets you search case information online. Enter a name or case number to find records. The search is free. It shows basic case data like parties, filing dates, and hearing dates. It does not show full documents.

The eAccess system provides document access for a fee. Preview the first page free then pay $10 to download a document. The system covers many Arizona courts. Probate document availability varies. Not all probate records are online.

Historical records over 50 years old may be at the Arizona State Archives. Records transfer from county courts under state law. The archives are in Phoenix. Contact them to research old probate cases that are no longer at the county courthouse.

Getting Legal Help

Probate can be complex. Many people hire attorneys to guide them. An attorney handles paperwork, meets deadlines, and represents you at hearings. The State Bar of Arizona has a lawyer referral service. Initial consultations often have set fees.

Self-represented parties can use court resources. The clerk's office has forms and basic instructions. Staff explain procedures but cannot give legal advice. The Arizona Judicial Branch website has more detailed guides and videos.

Legal aid organizations help people with limited income. They may offer free or reduced-cost services. Contact Community Legal Services or similar organizations. They often have waiting lists, so call early. Some cases qualify for help while others do not.

About Yuma County

Yuma County is in southwestern Arizona along the Colorado River. The county borders California and Mexico. The mild winter climate draws many seasonal residents. Agriculture is a major industry, taking advantage of the long growing season. The county covers a large area with most of the population in and around Yuma city.