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A.R.S. § 14-3308

Proof Required for Informal Appointment

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

Before a registrar can appoint a personal representative informally, eight specific findings must be met. The registrar checks that the application is complete, that the applicant is eligible, and that venue is proper. If any requirement is not met, the registrar must deny the application.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

What the Registrar Must Verify

The informal appointment process is streamlined, but it is not automatic. The registrar works through eight findings before issuing an appointment.

These include confirming the application is complete, the applicant has sworn the statements are true, and the applicant is eligible. The registrar also checks that venue is proper and that required notices have been given.

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 will requires supervised management. If so, the informal track is not the right path.

When the Application Must Be Denied

The statute lists 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 deceased lived in another state and that state's appointed representative is still active, the application is also denied. The exception is if the applicant is that 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. They also prevent conflicts between states. As a result, one qualified person manages the estate at any given time.

For small estates, the informal process is often the most practical path. But the registrar's checklist still applies in full.

Interested parties who believe the applicant lacks priority can raise those concerns. In complex cases, formal proceedings give a judge the ability to hear from all sides. Understanding the checklist helps families prepare a complete application and avoid delays.

A. 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. 3. The applicant appears from the application to be a person permitted to apply as provided in section 14-3301, subsection A. 4. On the basis of the statements in the application, venue is proper. 5. Any will to which the requested appointment relates has been or is being simultaneously formally or informally probated, except this requirement does not apply to the appointment of a special administrator. 6. Any notice required by section 14-3204 has been given. 7. From the statements in the application, the person whose appointment is sought has priority entitling him to the appointment. 8. The will, if any, requires supervised administration. B. 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. 2. The decedent was not domiciled in this state, a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile and the applicant is not the domiciliary personal representative or his nominee. 3. Other requirements of this section have not been met.

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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