How the Court Registrar Handles an Informal Probate Application
Informal probate does not involve a courtroom hearing. Instead, the court registrar reviews the application and supporting documents. The registrar checks that the findings required by A.R.S. 14-3303 are satisfied and then issues a written statement of informal probate.
Upon receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by section 14-3303 shall issue a written statement of informal probate if at least one hundred twenty hours have elapsed since the decedent's death.
A.R.S. § 14-3302One important requirement: the registrar cannot act until at least 120 hours (five days) have passed since the decedent's death. This waiting period aligns with the survival requirements found elsewhere in probate law and prevents premature administration.
The Weight of Informal Probate
An informal probate carries real authority. Once issued, it is conclusive as to all persons until a formal probate proceeding supersedes it. The will is treated as valid, and the personal representative has authority to act. Anyone who disagrees must file a challenge through formal proceedings.
The statute also includes an important protection: no procedural defect in the application makes the probate void. Even if there was an error in the paperwork or the process, the informal probate stands.
How Informal Probate Differs from Other Types of Probate
Unlike formal probate, the informal process does not require a hearing before a judge. The court registrar handles the review. This makes it faster and less expensive for the surviving spouse and other family members. It works well for estates where no one disputes the will or the priority for appointment of the personal representative.
Informal probate is one of several types of probate available. It is designed for straightforward cases. If the estate involves a small estate or an uncontested will, this process often fits best. The department of veterans services may also use this process when a veteran's estate qualifies.
For families, informal probate means less time in court and lower costs. It gives the personal representative confidence to move forward with estate administration while preserving the option for interested parties to raise objections through formal probate if needed.