What the Registrar Must Verify
Informal probate is streamlined, but it is not a rubber stamp. The registrar must work through a specific checklist before issuing a statement of informal probate. Each requirement connects back to the application filed under A.R.S. 14-3301.
In an informal proceeding for original probate of a will, the registrar shall determine whether: 1. The application is complete. 2. The applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief. 3. The applicant appears from the application to be a person permitted to apply as provided in section 14-3301, subsection A. 4. On the basis of the statements in the application, venue is proper.
A.R.S. § 14-3303(A)(1)-(4)The registrar also confirms that the original will is in their possession. It must appear to be duly executed and unrevoked. Any required notices must have been given. The time limit for probate must not have expired. If a personal representative has already been appointed in another county, the application must be denied.
How a Self-Proving Will Simplifies the Process
A will with the required signatures and an attestation clause showing proper execution can be probated without further proof. This is where a self-proving will makes a real difference. When the will includes a notarized affidavit from the witnesses, the registrar does not need to track down witnesses or request additional sworn statements.
A will which appears to have the required signatures and which contains an attestation clause showing that requirements of execution under chapter 2, article 5 of this title have been met shall be probated without further proof.
A.R.S. § 14-3303(C)For wills that do not meet this standard, the registrar may still accept a sworn statement from someone with knowledge of how the will was signed. The statute also allows informal probate of a will previously probated in another jurisdiction. A certified copy and the original probate statement are needed in that case.
Who the Registrar Checks Against
The registrar must verify that the applicant is someone allowed to file under A.R.S. 14-3301. This includes the surviving spouse, heirs and devisees, a person nominated in the will, or the public fiduciary. The person nominated to serve as personal representative must meet all eligibility requirements.
If someone with a higher priority wants to serve as personal representative, the informal process may not be available. In that case, a formal probate proceeding is needed to resolve the competing claims. Formal probate involves a hearing before a judge and gives all interested parties a chance to be heard.
The registrar also checks whether the estate assets are properly described in the application. Accurate information protects heirs and devisees by ensuring the right estate is being administered under the correct legal authority.