Who Can Apply for Informal Probate
Arizona limits who can start the informal probate process. The list is specific, and priority matters.
Informal probate or informal appointment may be made only by application of one of the following: 1. The surviving spouse of the decedent. 2. An adult child, a parent, a brother or a sister of the decedent. 3. A person who is an heir of the decedent. 4. A person nominated as a personal representative by a probated will or the will for which probate is asked or pursuant to a power conferred by the will.
A.R.S. § 14-3301(A)(1)-(4)Beyond family members and will nominees, the statute also permits applications from personal representatives appointed in the decedent's home state (for nonresidents), the department of veterans' services (for veterans), creditors (after 45 days), and the public fiduciary if no one else is qualified and willing to serve.
What the Application Must Include
The application is submitted to the court registrar, not a judge. It must be verified by the applicant, meaning the applicant swears under oath that the information is accurate and complete.
Every application must include the applicant's interest in the estate, the decedent's name and date of death, the names and addresses of the spouse, children, heirs, and devisees, and information about any other personal representative already appointed. If probate of a will is being requested, the application must also confirm that the original will is in the court's possession or accompanies the application, and that the applicant believes it to be validly executed and unrevoked.
By verifying the application, the applicant personally submits to the court's jurisdiction for any fraud or perjury claims that may arise. This accountability is built into the informal process to balance its streamlined nature with appropriate safeguards.
