An administrator or executor, more commonly known as a personal representative, is appointed to work on behalf of a decedent’s estate. Pursuant to Title 14, Article 6, of the Arizona Revised Statutes, personal representatives must hold a surety bond, enforced on the county level, throughout the entirety of settlement of the estate.
This probate bond for administrators (appointed by a court) and executors (named in the will) is provided by Jet Insurance Company to ensure recompense for anyone financially harmed by the personal representative’s actions.
Applying for the bond with Jet is simple. Our goal is to get the personal representative bonded affordably and efficiently so they can focus on closing the estate.
The cost is only a small percentage of the bond limit which is determined by the clerk of superior court (registrar) based on the value of personal property, real estate, and the income expected from both of those during the upcoming year.
A soft credit check of the personal representative must be completed. When applicable, a copy of the will should be uploaded to help determine an approved rate.
Upon the death of an estate owner, and whether the proceedings are formal (without will) or informal (with will), a personal representative is appointed to close the estate. The list below shows the order for which a personal representative is appointed:
*A devisee is a person named in the will to receive real or personal property.
A personal representative can object to appointment in formal proceedings only.
In Arizona, the clerk of court in each county is responsible for regulating administrators and executors for the wellbeing of estates and their beneficiaries while going through the probate process. Duties of the personal representative, stated in Title 14, Article 7, of the Arizona Revised Statutes, include filing income tax returns, taking inventory of all assets, and preserving and managing the estate. The surety bond acts as a guarantee to the inheritors that these duties, among others, will be upheld. Failure to do so can lead to a claim payout on the Executor or Administrator Bond.
Personal representatives in Arizona must secure a bond unless the following criteria are met:
Jet’s application takes only a few minutes to complete. Once the required information is submitted, Jet does a quick review and delivers a rate that is available to purchase online. Required information includes the social security number of the personal representative, the bond limit, and an uploaded copy of the will (when applicable). Let us know within the application where the bond needs to be sent, and you will also receive an electronic copy immediately after purchase.
The bond is to be filed with the clerk of court in the county where the estate is being settled. Typically, the court requires an original bond in their office with signatures from both the surety company (Jet) and the personal representative. Once Jet fills out the bond form, it is sent to the personal representative’s address of choice. Once signed by the administrator or executor, they are responsible for filing it with the court. A chart of all superior courts in Arizona is located at the bottom of the page.
Administrator and Executor Bonds must be on file until final accounts have been approved by the clerk of superior court and the estate is closed. Once the court approves final accounting of the estate, the registrar will release the personal representative from future duties. Estates not settled within the first year of administration will require the bond to be extended, if only purchased for a one year at time of payment. The personal representative will receive a notice from Jet, via both mail and email, with plenty of time to make the renewal payment.
In informal (unsupervised) probate, the bond must stay on file for one year after the closing statement is filed with the court; the estate will remain open but inactive during this time. If no proceedings are brought against the personal representative within the year, the estate will be closed and the personal representative will be released from duties and liability.
In formal (supervised) probate, a petition to settle the estate is to be filed with the court. The court will decide if the estate is ready to be closed by reviewing the final accounting from the personal representative. If approved, the registrar will release the personal representative of further obligations.
Any surety bond required by the registrar should remain active and on file until the court deems it safe to release the personal representative and Jet (surety company) of liability. Failure to uphold the bond can result in removal of the personal representative by the court, and a new personal representative would be appointed.
Bonds purchased on one-year terms are fully earned, meaning no refund is available if cancelled early. However, if a multi-year bond is purchased and cancelled early within the second or third year, Jet will calculate a refund based on the remaining amount of time left on the bond. Before doing so, the court must release Jet of liability on the bond and then the money can be returned to the administrator or executor when appropriate.
Administrators and executors are relied on by the clerk of court and the heirs to close the estate while following regulations in Title 14 of the Arizona Revised Statutes.
Anyone that feels the personal representative is not upholding their duties can file a suit; this includes creditors, devisees, and heirs. Some reasons a proceeding may take place include:
If a suit is filed with the court, the bond may be used as restitution for the financially harmed individual(s). Action on the bond must commence and be prosecuted within four years of the personal representative’s discharge.
After a proceeding where the bond has been deemed the course of action for reimbursement to the damaged person(s), Jet receives a notice from the court. The Jet team reviews the court’s investigation details and any additional documentation provided by the personal representative. It’s in the best interest of the administrator or executor to be responsive through the claims process.
Claims are only paid when a personal representative acts negligently or fraudulently and fails to fulfill duties according to Arizona’s probate law. Because of this, any claims paid out by Jet require reimbursement from the personal representative.
The following is a list of all Arizona counties and their respective clerk of court’s contact information.
|County Courthouse||Phone||Mailing Address|
|Apache||928-337-7550||Apache County Superior Court House|
PO Box 365
St Johns, AZ 85936
|Cochise||520-432-8600||Clerk of the Superior Court|
PO Box CK
Bisbee, AZ 85603
|Coconino||928-679-7600||Clerk of the Superior Court|
200 N San Francisco
Flagstaff, AZ 86001
|Gila||928-425-3231||Superior Court of Gila County|
1400 E. Ash St. - 3rd Floor
Globe, AZ 85501
|Graham||928-428-3100||Clerk of the Superior Court|
800 W Main Street
Safford, AZ 85546
|Greenlee||928-865-4242||Clerk of the Superior Court|
PO Box 1296
Clifton, AZ 85533
|La Paz||928-669-613||Superior Court Clerk|
1316 Kofa Ave., Suite 607
Parker, Arizona 85344
|Maricopa||602-506-3668||Maricopa County Superior Court Clerk|
201 W. Jefferson Street
Phoenix, AZ 85003
Mohave County Superior Court
PO Box 7000
Kingman, AZ 86402
Lake Havasu City:
Mohave County Superior Court
2001 College Drive, #148
Lake Havasu City, AZ 86403
Mohave County Justice Court
2225 Trane Road
Bullhead City, AZ 86442
|Navajo||928-524-4188||Navajo County Clerk of the Court|
PO Box 668
Holbrook, AZ 86025
|Pima||520-724-3200||Pima County Clerk of Court|
110 West Congress St, Room 152
Tucson, Arizona 85701-1317
|Pinal||888-431-1311||Pinal County Clerk of the Superior Court|
PO Box 2730
Florence, AZ 85132
|Santa Cruz||520-375-7700||Clerk of the Superior Court|
PO Box 1265
Nogales, AZ 85628
|Yavapai||928-771-3312||Yavapai County Courthouse|
120 South Cortez Street
Prescott, AZ 86303
|Yuma||928-817-4210||Yuma County Superior Court|
250 W. 2nd Street
Yuma, AZ 85364