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A.R.S. § 14-3301

Informal Probate Application Process

Verified April 4, 202657th Legislature, 1st Regular Session

Informal probate is a streamlined process. It allows a will to be admitted or a personal representative to be appointed without a court hearing. The application goes to the registrar instead of a judge. Only certain people are eligible to file.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

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.

14-3301. Informal probate or appointment proceedings; application; contents A. 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. 5. If the decedent was a nonresident, any person who is qualified under paragraphs 1 through 4 of this subsection or a personal representative appointed in the state of domicile or the nominee of such personal representative. 6. If the decedent was a veteran, the department of veterans' services. 7. Forty-five days after the death of the decedent, any creditor. 8. If no person is qualified and willing to serve as personal representative under paragraphs 1 through 7 of this subsection, the public fiduciary. B. Applications for informal probate or informal appointment shall be directed to the registrar, and verified by the applicant to be accurate and complete to the best of the applicant's knowledge and belief. C. By verifying an application for informal probate, or informal appointment, the applicant submits personally to the jurisdiction of the court in any proceeding for relief from fraud relating to the application, or for perjury, that may be instituted against the applicant.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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