How the Registrar Handles an Informal Probate Application
Informal probate does not involve a courtroom hearing. Instead, the registrar reviews the application and supporting documents, checks that the findings required by A.R.S. 14-3303 are satisfied, and 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 Arizona 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 testacy proceeding supersedes it. That means the will is treated as valid and the personal representative has authority to act, unless someone later challenges the probate through formal court 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. This gives families and personal representatives confidence to move forward with estate administration while preserving the option for interested parties to raise objections through formal proceedings if needed.
