Why Some Wills Cannot Go Through Informal Probate
Informal probate is designed for straightforward situations where there is one clear will that represents the decedent's final wishes. When multiple wills or testamentary instruments exist and the most recent one does not explicitly revoke the earlier documents, a registrar cannot sort out which provisions still apply. That kind of analysis requires formal probate, where a judge reviews the documents and makes a determination.
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. Did they mean both documents to work together? Did they forget to revoke the first? 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 because codicils are understood to supplement, rather than contradict, the original will. This makes sense: a codicil by definition modifies or adds to the will it references, so there is no conflict for the registrar to resolve.
If you are unsure whether your situation qualifies for informal probate, a conversation with a partner attorney can help clarify the path forward.
