Who Gets Notice Before and After Informal Probate
Informal probate is streamlined, but it is not silent. Arizona law requires the applicant to notify certain people at two key stages. Before the registrar issues a statement of informal probate, notice goes to anyone who previously demanded it under section 14-3204 and to any personal representative already serving. Beyond those parties, no pre-issuance notice is required for the application for informal probate.
The applicant must give notice as described by section 14-1401 of the applicant's application for informal probate: 1. To any person demanding it pursuant to section 14-3204. 2. To any personal representative of the decedent whose appointment has not been terminated.
A.R.S. § 14-3306(A)After the registrar issues the statement of informal probate, a second round of notice kicks in. The applicant has thirty days to provide written information to all heirs and devisees. This must include a copy of the will. The notice should identify where the estate papers are filed, which is typically with the superior court. It must also explain that anyone who wants to contest the probate has four months from receipt to start a formal probate proceeding.
The Four-Month Window to Contest
The post-admission notice creates a clear deadline. Heirs and devisees who receive the notice have four months to begin a formal testacy proceeding if they want to challenge the will. After that window closes, their right to contest is barred. However, this bar does not prevent someone from bringing a later-discovered will to the court's attention.
If an heir or devisee never receives the notice, they are not bound by the four-month deadline. Instead, they may contest under the broader time limit in section 14-3108. The applicant is personally liable for any damage caused by failing to mail a copy of the required notices. A surviving spouse or other heir who did not get proper notice keeps their right to challenge. The failure does not invalidate the probate itself, but the applicant bears responsibility for any harm that results.
A public fiduciary may be involved in cases where no family member steps forward to handle the estate assets. Even in those situations, the same notice rules apply.