Two Paths: Informal and Formal Proceedings
Probate law offers flexibility in how estate matters are handled. Any interested party can choose between informal probate and formal probate.
Informal probate goes through the registrar and is simpler and faster. Formal probate involves court hearings and applies when disputes arise.
Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this chapter and may petition the court for orders in formal proceedings within the court's jurisdiction including but not limited to those described in this article.
A.R.S. § 14-3105(A)In formal probate, the superior court can hear and decide any matter about estate administration and distribution. The court's decision binds everyone who received proper notice.
The Court's Broad Jurisdiction
The statute gives the superior court general jurisdiction over a wide range of estate-related matters. This includes actions to determine or quiet title to real estate and other real property.
It also covers personal injury and wrongful death claims. For example, it includes actions to recover estate assets and proceedings about personal property and bank accounts.
The court has general jurisdiction that it may exercise in a formal proceeding in any other action or proceeding concerning succession or to which an estate, through a personal representative, may be a party.
A.R.S. § 14-3105(C)This broad authority means most estate-related disputes can be resolved in one court. Families do not need to file separate lawsuits in different venues for different types of claims.
How This Affects Families
For families dealing with probate, centralized jurisdiction keeps the process manageable. The probate court can handle disputes about real property, bank accounts, or personal property.
This means families save time and reduce legal costs. They avoid splitting issues across multiple courts.
If the estate is straightforward, families can often handle everything through informal probate without a court hearing. When disagreements arise between heirs or creditors, the court steps in through formal proceedings.