What the Registrar Must Verify
The informal appointment process is streamlined, but it is not automatic. The registrar works through a checklist of eight findings before issuing an appointment. These include confirming the application is complete, the applicant has sworn the statements are true, the applicant is eligible under section 14-3301, venue is proper, any related will has been probated or is being probated simultaneously, required notices have been given, and the applicant has proper priority for the appointment.
In informal appointment proceedings, the registrar must determine whether: 1. The application for informal appointment of a personal representative 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.
A.R.S. § 14-3308(A)(1)-(2)The registrar also checks whether any existing will requires supervised administration. If supervised administration is called for, the informal track is not the right path and the application will not proceed.
When the Application Must Be Denied
Subsection B identifies specific situations where the registrar must deny the application outright. If another personal representative is already serving and has not resigned, the application is denied. If the decedent lived in another state and that state's appointed representative is still active, the application is denied unless the applicant is the domiciliary representative or their nominee.
Unless section 14-3612 controls, the application must be denied if it indicates any of the following: 1. A personal representative who has not filed a written statement of resignation as provided in section 14-3610, subsection C has been appointed in this or another county of this state.
A.R.S. § 14-3308(B)(1)These safeguards prevent duplicate appointments and jurisdictional conflicts. They ensure one qualified person is managing the estate at any given time, which protects both creditors and beneficiaries from confusion and competing claims.