Why Some Wills Cannot Go Through Informal Probate
The informal probate process is designed for clear-cut situations. There should be one will that represents the decedent's final wishes.
When multiple wills exist and the most recent one does not expressly revoke the earlier documents, a registrar cannot sort out which rules still apply. That kind of analysis requires a judge in formal proceedings.
An application for informal probate shall be declined if it relates to one or more of a known series of testamentary instruments the latest of which does not expressly revoke the earlier, except that a series consisting of a will with its codicils may be informally probated.
A.R.S. § 14-3304The logic here is practical. If two wills exist and the newer one says nothing about replacing the old one, there is a real question about what the decedent intended. A registrar does not have the authority to interpret that kind of ambiguity.
The Codicil Exception
A codicil is a formal amendment to an existing will. When someone submits a will along with one or more codicils, those documents are treated as a single series.
The registrar can accept them through informal probate. Codicils are understood to add to the original will rather than contradict it.
Under Arizona law, informal probate works well for small estates and clear wills. But when multiple documents create confusion, a judge must weigh the evidence through the formal track.
Families sometimes find competing wills only after a death. In those cases, moving to formal proceedings early helps avoid delays. It also helps with paying taxes or settling debts on time.
If your situation involves more than one will, this statute helps set the right expectations. The informal process is faster, but it is only available when the will clearly stands on its own.