Arizona Fiduciary Training for Executors: What Rule 38 Requires Before You Can Be Appointed

Arizona requires every non-licensed personal representative — meaning any executor who is not a state-licensed professional fiduciary or a registered financial institution — to complete a mandatory training module and file a Declaration of Completion before the court will issue Letters of Appointment. This requirement exists under Rule 38 of the Arizona Rules of Probate Procedure and it is not optional, not waivable, and not something the court will remind you about. If you show up at the clerk's window without the signed Declaration, your entire application packet gets rejected. This page explains exactly what the training requires, how to complete it, and how to file the certificate so this step does not delay your appointment by weeks.

Why Arizona Has This Requirement

Most states appoint personal representatives based on a petition and the statutory priority hierarchy. Arizona added the training requirement specifically to address a pattern of lay executors causing serious harm to estates — commencing distributions before the creditor claim window closed, commingling estate funds with personal accounts, missing the 90-day inventory deadline, and misunderstanding their personal liability exposure.

The training is designed to ensure that before you receive formal legal authority over an estate, you understand the core fiduciary duties, the statutory deadlines, the liability risks, and the reporting obligations the court will hold you to. In practice, it also serves as a gate: courts have found that executors who complete the training make significantly fewer procedural errors, which reduces the number of emergency court hearings and personal liability disputes the probate division has to manage.

Who Must Complete the Training

The training requirement applies to any individual seeking appointment as:

• A personal representative (executor) in an informal or formal probate proceeding
• A guardian or conservator (the training module for these roles is separate from the personal representative module)

Exemptions apply only to:

• State-licensed professional fiduciaries (individuals holding an Arizona fiduciary license)
• Registered financial institutions (banks, trust companies) that are qualified to serve as fiduciaries under Arizona law

If you are a family member, a friend named in the will, an adult child, or a surviving spouse seeking appointment as personal representative, you are not exempt. You must complete the training.

What the Training Covers

The Arizona Judicial Branch training for personal representatives is delivered as a series of narrated slideshow modules available online at the Arizona Courts website (azcourts.gov/probate/training). The content covers:

Fiduciary duties. The training explains what it means to act as a fiduciary — the duty of loyalty to the beneficiaries, the prohibition on self-dealing, and the requirement to act in the best interests of the estate rather than your own interests. It explains why paying yourself before valid estate debts are settled, or favoring one beneficiary's interests over another's, constitutes a breach.

The inventory requirement. The training addresses the 90-day deadline for filing a comprehensive inventory of estate assets with date-of-death valuations. This deadline runs from the date of your appointment — not from the date of death. Missing it gives the court grounds to remove you and surcharge the estate.

The creditor notification process. The training explains the mandatory publication requirement under A.R.S. Section 14-3801: publishing Notice to Creditors in a newspaper of general circulation for three consecutive weeks, the four-month creditor claim window that begins with the first publication date, and the distinction between known creditors (who must receive direct written notice) and unknown creditors (who are addressed through publication).

Personal liability exposure. This is the section most new executors find most alarming. Arizona law allows courts to hold personal representatives personally liable for losses caused by improper administration — including premature distributions to heirs before creditor claims are resolved, payment of debts in the wrong statutory priority order, and failure to maintain separate estate bank accounts.

The court accounting process. The training covers what the final accounting must include and how it is presented to beneficiaries for approval before distributions are made.

Language availability. The Arizona Judicial Branch makes the training modules available in both English and Spanish.

How to Complete the Training: Step by Step

Step 1: Navigate to the training portal. Go to azcourts.gov and find the probate training section. The Arizona Judicial Branch maintains the training under its "Non-Licensed Fiduciary Training" resources. Search for "probate training" or navigate through the Self-Service Center.

Step 2: Select the correct module. Make sure you are completing the Personal Representative module, not the Guardian or Conservator module. The content is different and the Declaration you file must correspond to the specific role for which you are seeking appointment.

Step 3: Complete the training. The personal representative modules take approximately 90 minutes total across multiple sections. You do not need to complete them in a single session — you can save your progress. There is no formal exam or graded assessment; the training is designed to be educational, not a test.

Step 4: Print and sign the Declaration of Completion. After completing the training, you will access a printable Declaration of Completion of Training for Non-Licensed Fiduciaries. Print this document, sign it, and date it. This is a sworn declaration, so sign it accurately — do not date it before you have actually completed the training.

Step 5: Include the Declaration in your filing packet. The signed Declaration must be physically included in the initial application packet you submit to the Clerk of the Superior Court. It is not filed separately later — it must accompany your Application for Informal Appointment (or the petition for formal probate) and the other required documents from the outset.

What Happens If You Skip It

The Probate Registrar reviews incoming application packets before accepting them. If the Declaration of Completion is missing, the clerk will reject the packet at the window and return it to you without processing it. There is no grace period, no "file it later" option, and no way to receive your Letters of Appointment until the Declaration is present in a resubmitted complete packet.

The practical consequence is a delay of however long it takes you to complete the training, print the Declaration, and return to the courthouse. In counties that handle high volumes — Maricopa, Pima, Pinal — that delay can be several weeks if filing windows are backed up. In counties that require in-person filing with wet signatures, you may need to arrange another trip.

The Complete Application Packet: What Goes In With the Declaration

For informal probate, your filing packet must include all of the following. Missing any element causes rejection:

• Probate Cover Sheet (county-specific form)
• Probate Information Form
• Application for Informal Appointment of Personal Representative
• The original Last Will and Testament (not a photocopy — a photocopy triggers mandatory formal probate)
• Certified death certificate
• Declaration of Completion of Training (Non-Licensed Fiduciary)
• Signed waivers of surety bond (if applicable — required if the will does not waive the bond and not all heirs provide written waivers)
• Filing fee payment (varies by county: $306 in Maricopa, $371 in Mohave, $351 in Coconino, $251 in Pinal — verify with the specific county before filing)

County Variations

While the training itself is state-administered through the Arizona Courts website, some counties have specific requirements for how the completed packet is submitted:

Maricopa County accepts electronic filing through their portal and has five physical filing locations. The Law Library Resource Center at the downtown Phoenix courthouse has staff who can confirm your packet is complete before you submit — but they cannot review your documents for legal accuracy.

Counties outside Maricopa — including Pima, Coconino, Yavapai, Pinal, and others — may require wet signatures on original documents (not scanned or electronically submitted copies). If you are managing an out-of-state estate and need to file in one of these counties, this means either traveling in person or having a local representative file on your behalf.

The Arizona Probate Process Guide includes a county-by-county reference table with filing fees, addresses, and e-filing status for all 15 Arizona Superior Courts, so you know the logistics for your specific county before you prepare your packet.

Who This Is For

• Executors who have been named in a will and need to understand the full application packet before they go to the courthouse
• Surviving spouses who are seeking appointment as personal representative and did not know about the training requirement
• Out-of-state executors who are managing Arizona property remotely and need to understand how to complete the online training and submit the Declaration in a valid filing packet
• Anyone who has already had a probate application rejected due to a missing Declaration and needs to understand what is required to refile
• First-time executors who want to understand all the requirements before they invest time and money in preparing the petition

Who This Is NOT For

• Professional fiduciaries licensed by the Arizona Department of Financial Institutions (the training requirement does not apply to you)
• Executors in states other than Arizona — this requirement is specific to Arizona's Rules of Probate Procedure
• Estates that qualify for the small estate affidavit process (the training and Letters of Appointment are only required for full probate proceedings — small estate affidavits do not require court appointment of a personal representative)

The Training in Context: Why It Matters Beyond the Paperwork

The training is not just a bureaucratic hurdle. The four-month creditor window, the 90-day inventory deadline, the prohibition on premature distributions, and the personal liability rules it covers are the specific procedural failures that cause Arizona executors the most serious legal and financial problems.

An executor who distributes estate assets to heirs on month three — before the four-month creditor publication window closes — can be held personally liable if a valid unknown creditor surfaces on month four and the estate funds are already gone. An executor who pays a parent's credit card bill in full before satisfying priority creditors (like the Arizona Health Care Cost Containment System, which has Medicaid estate recovery claims) can face personal liability for the misordered payment.

Understanding these risks before you receive your Letters of Appointment is not optional — it is the entire point of the Rule 38 requirement. The training module covers each of these scenarios in plain language, and the Arizona Probate Process Guide builds on that foundation with the complete step-by-step process, the county-specific filing logistics, and the statutory deadline calendar that keeps you compliant from Day 1 through estate closing.

Frequently Asked Questions

How long does the Arizona fiduciary training take?

The personal representative training modules take approximately 90 minutes to complete. You can complete them in multiple sessions — your progress is saved. There is no time limit for completion, but you need to finish and file the Declaration before your application packet can be accepted by the court.

Is the training the same for all Arizona counties?

Yes. The training is administered by the Arizona Judicial Branch at the state level and is the same regardless of which county you are filing in. The difference is in the application packet logistics — county-specific cover sheets, filing fees, and wet signature requirements — not the training itself.

Can I complete the training on a phone or tablet?

The Arizona Courts website is accessible on mobile devices. However, you need to be able to print the Declaration of Completion after finishing, so ensure you have access to a printer before completing the final steps.

What if I am a co-executor? Do both of us need to complete the training?

If multiple individuals are seeking joint appointment as personal representatives, each individual must independently complete the training and submit their own signed Declaration of Completion. One Declaration does not cover multiple appointees.

Does the training expire?

There is no published expiration date on completed training. If you have previously been appointed as a personal representative in Arizona and completed the training for that appointment, verify with the specific county's Probate Division whether the prior completion satisfies the requirement for a new appointment.

What if the will names an attorney as executor? Do they need training too?

No. Licensed attorneys in Arizona are typically treated as professional fiduciaries for this purpose and are exempt from the non-licensed fiduciary training requirement. If an attorney is named as the executor and accepts the appointment, they do not file a Declaration of Completion.

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