Formal Testacy Proceeding – Glossary

Probate & Legal

A court hearing to formally determine whether a will is valid and should be admitted to probate.

A formal testacy proceeding is a court-supervised hearing. It determines whether a deceased person left a valid will. The court also decides whether that will should be admitted to probate. Unlike informal probate, which can be handled through paperwork alone, a formal proceeding involves a judge. All interested parties must receive proper notice. Anyone can raise objections.

When a Formal Proceeding Is Required

Not every estate requires a formal testacy proceeding. Informal probate handles most straightforward cases. A formal proceeding becomes necessary when someone contests the will's validity. It is also needed when the court must resolve questions about which will controls. Disputes about whether the deceased died with or without a valid will also trigger this process.

In uncontested formal proceedings (A.R.S. § 14-3405), the court can approve probate based on the pleadings alone. It may also hold a simplified hearing. In contested cases (A.R.S. § 14-3406), stricter rules of evidence apply. Witness testimony may be required.

What the Court Decides

At the end of a formal testacy proceeding, the court issues an order. That order determines the deceased person's domicile at death. It identifies heirs and rules on whether a valid will exists (A.R.S. § 14-3409). This order carries the weight of a final judgment. It provides certainty that informal probate does not.