Wills are public record in Arizona only after they’re filed with the Superior Court to open a probate case. Before that — while the person who wrote the will is alive, and often even after death if the estate is small enough to skip probate — the will stays private, and no one has a legal right to see it.
A Will Is Private While the Testator Is Alive
Arizona does not require anyone to file or register a will with a court or government agency during their lifetime. There is no state repository, and the state eliminated its old provisions for depositing wills with the court for safekeeping.1AZ Court Help. Do You Have My Will A spouse, adult child, or other relative has no right to read the document unless the person who signed it chooses to share it.
That also means any version of the will someone may have seen while the testator was alive might not be the final one. Wills can be revoked or rewritten at any time.
When a Will Becomes Public
A will enters the public record the moment it is filed with the Arizona Superior Court to open probate. Probate is the court-supervised process for confirming a will is valid, paying the deceased person’s debts, and distributing what remains to the named beneficiaries. Once the will is filed, it becomes part of the case file, and anyone can request to see it.
Arizona has two probate tracks, and both make the will public. Informal probate is handled through an application to the court’s registrar without a hearing.2Arizona Legislature. Arizona Code 14-3301 – Informal Probate or Appointment Proceedings Application Formal probate involves a petition, a hearing, and a judge’s order, and is typically used when someone is contesting the will or the facts are complicated.3Arizona Legislature. Arizona Code 14-3401 – Formal Testacy Proceedings Nature When Commenced
How to Look Up a Will in Arizona
Probate cases are filed in the Superior Court of the county where the deceased person lived, so identifying the correct county is the first step. From there you have two practical options.
The most reliable approach is going in person to the Clerk of the Superior Court in that county. Bring the deceased person’s full legal name and, if you have it, the date of death or probate case number. The clerk can pull the case file so you can review it. The Arizona Judicial Branch keeps a directory of clerk offices for all fifteen counties.4Arizona Judicial Branch. Arizona Superior Court Clerks of the Court Copies typically cost about $0.50 per page.5Arizona Judicial Branch. Fee Schedule
You can also use Arizona’s Public Access Case Lookup portal online to confirm that a probate case exists and find its case number. Whether the actual scanned documents are available online varies by county. Some counties post full digital files; others only show basic case information, and you’ll need to visit the clerk to see the will itself.
What You Won’t See in the File
The will itself is public, but not every piece of information in a probate file is exposed. Arizona courts treat Social Security numbers of living people and financial account numbers (bank, brokerage, credit card) as confidential unless only the last four digits appear.6Superior Court of Arizona in Maricopa County. Special Handling For Confidential Documents A judge can order this information redacted, and the court publishes forms for asking to redact personal information that made its way into a public filing.7Arizona Judicial Branch. Personal Information Redaction Forms
When a Will Never Becomes Public
Probate isn’t automatic in Arizona, and a will that never enters probate never becomes a public record. Small estates can skip the process entirely through an affidavit.
For personal property such as bank accounts, vehicles, and investments, an affidavit can be used to collect the deceased person’s property without probate if the total value, minus any debts secured by those assets, does not exceed $200,000. There is a 30-day waiting period after the death.8Arizona Legislature. Arizona Code 14-3971 – Collection of Personal Property by Affidavit
For real property, an affidavit of succession can transfer ownership when the total Arizona real estate in the estate, minus liens and mortgages, does not exceed $300,000. The waiting period is six months after the death.8Arizona Legislature. Arizona Code 14-3971 – Collection of Personal Property by Affidavit The real property affidavit is filed with the court, but the will is not part of a formal probate proceeding in this situation, so the estate plan itself stays out of the public record.
Assets that pass outside probate — retirement accounts and life insurance with named beneficiaries, payable-on-death or transfer-on-death accounts, property held in joint tenancy with right of survivorship, and Arizona beneficiary deeds recorded for real property9Arizona Legislature. Arizona Code 33-405 – Beneficiary Deeds Recording Definitions — also never appear in a probate file. A revocable living trust keeps assets out of court altogether. If you’re searching for a will and can’t find a probate case, it may be that none was ever opened.
If Someone Else Is Holding the Will
Anyone who has custody of a deceased person’s will is legally required to deliver it with reasonable promptness to someone who can get it into probate, or to the court directly if no such person is known. This duty is triggered when an interested person requests the will after the testator’s death.10Arizona Legislature. Arizona Code 14-2516 – Custodian of Will Duties Liability
A person who deliberately fails to turn over a will is liable for any damages caused by the delay, and refusing a court order to hand it over is contempt of court.10Arizona Legislature. Arizona Code 14-2516 – Custodian of Will Duties Liability If you know a will exists and the custodian won’t produce it, that statute is your leverage.