Arizona Revised Statutes

Ariz. Rev. Stat. § 14-5602 (2026)

Duties of public fiduciary; appointment; law enforcement agency; temporary protection of property; definition

✓ current as of May 2026

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A. The court shall appoint a public fiduciary for those persons or decedents' estates in need of guardianship, conservatorship or administration and for whom there is no person or corporation qualified and willing to act in that capacity.

B. On filing a statement of administration pursuant to section 14-5605 or on obtaining an order to preserve and protect property pursuant to section 14-5606, the public fiduciary shall take possession of all properties and perform the duties prescribed in sections 14-5605 and 14-5606 when, in the performance of its duties, a law enforcement agency is unable to determine or locate the heirs or personal representative of a deceased person. Pending action by the public fiduciary, the law enforcement agency shall protect all properties of the deceased person.

C. The public fiduciary may apply for and become a designated payee of benefits payable to a person under federal or state law.

D. The public fiduciary may conduct investigations necessary to carry out the requirements of this section and section 36-831.

E. For the purposes of this section, "law enforcement agency" means either:

1. The police agency of an incorporated city or town.

2. The county sheriff of an unincorporated area of a county.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1994–2023 · leading case: Vanderheiden v. Superior Court Maricopa, 897 P.2d 672 (Ariz. Ct. App. 1994).

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Vanderheiden v. Superior Court Maricopa, 897 P.2d 672 (Ariz. Ct. App. 1994). · cites it 3× “” AR.S. § 14-5602(A) (Supp.1993). No corresponding statute, however, requires the Public Fiduciary to petition for guardianship even though the Department or another has notified it that an individual appears to need a guardian.”

In the Matter of D. Tsosie (Ariz. Ct. App. 2023). · cites it 5× “Compare A.R.S. § 14-5602(A) (“The court shall appoint a public fiduciary….”

— Ariz. Rev. Stat. § 14-5602(A) — 2 cases

Vanderheiden v. Superior Court Maricopa, 897 P.2d 672 (Ariz. Ct. App. 1994). “” AR.S. § 14-5602(A) (Supp.1993). No corresponding statute, however, requires the Public Fiduciary to petition for guardianship even though the Department or another has notified it that an individual appears to need a guardian.”

In the Matter of D. Tsosie (Ariz. Ct. App. 2023). “Compare A.R.S. § 14-5602(A) (“The court shall appoint a public fiduciary….”

— Ariz. Rev. Stat. § 14-5602(C) — 1 case

In the Matter of D. Tsosie (Ariz. Ct. App. 2023). “Compare A.R.S. § 14-5602(A) (“The court shall appoint a public fiduciary….”

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