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A.R.S. § 14-3305

When a Registrar Declines Informal Probate

Verified April 4, 202657th Legislature, 1st Regular Session

If the registrar is not satisfied that a will meets the requirements for informal probate, the registrar may decline the application. A declination is not a final ruling on the will's validity. The applicant can still pursue formal probate proceedings.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

A Declination Is Not a Rejection of the Will

This distinction matters. When a registrar declines an application for informal probate, it does not mean the will is invalid. It means the registrar was not satisfied that the requirements for the simplified process were met. The will itself may be perfectly valid.

If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections 14-3303 and 14-3304 or any other reason, he may decline the application.

A.R.S. § 14-3305

The registrar checks whether the application is complete, whether the will appears to meet basic validity requirements, and whether any disqualifying conditions exist under sections 14-3303 and 14-3304. If something does not line up, the registrar has discretion to decline.

The Door to Formal Probate Stays Open

The statute makes this explicit. A declination of informal probate is not an adjudication. It carries no legal weight as a ruling on whether the will is valid or enforceable.

A declination of informal probate is not an adjudication and does not preclude formal probate proceedings.

A.R.S. § 14-3305

If your informal probate application is declined, formal probate remains available. In formal proceedings, a judge reviews the will, hears from interested parties, and makes a binding determination. The process takes longer and involves more steps, but it provides the judicial oversight that the informal track does not. A declination simply means the streamlined path was not the right fit for your situation.

If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections 14-3303 and 14-3304 or any other reason, he may decline the application. A declination of informal probate is not an adjudication and does not preclude formal probate proceedings.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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