Who Can Apply for Informal Probate
The law limits who can start the informal probate process. The list is specific, and priority matters. Only certain family members and other qualified individuals may file.
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 allows applications from personal representatives appointed in the decedent's home state (for nonresidents). The department of veterans' services may apply for veterans. Creditors may apply after 45 days. The public fiduciary may apply 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. The applicant must swear under oath that the information is accurate and complete.
Every application must list the applicant's interest in the estate and the decedent's name and date of death. It must also include the names and addresses of the spouse, children, heirs, and devisees. Information about any other personal representative already appointed is required as well.
If probate of a will is being requested, the application must confirm that the original will is in the court's possession or accompanies the filing. The applicant must state they believe the will was properly executed and not revoked.
By verifying the application, the applicant submits to the court's jurisdiction for any fraud or perjury claims. This accountability balances the streamlined nature of informal probate with appropriate safeguards.