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.
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, that it appears to be duly executed and unrevoked, that any required notices have been given, and that the time limit for probate has not 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 that includes the required signatures and an attestation clause showing proper execution can be probated without additional proof. This is where a self-proving will makes a real difference. When the will includes a notarized affidavit from the witnesses confirming proper execution, 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 that was previously probated in another jurisdiction, using a certified copy and the original probate statement.
