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A.R.S. § 14-3310

Informal Appointment Notice Requirements

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

Before someone can be informally appointed as a personal representative of an estate, they must notify specific people. This includes anyone who previously requested notice and anyone with an equal or higher right to serve, unless that person has waived their right in writing.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

Who Must Receive Notice

Informal appointment is designed to be a streamlined process, but it is not silent. The person seeking appointment must give advance notice to two groups of people before the registrar can act.

The moving party must give notice as described by section 14-1401 of his intention to seek an appointment informally: 1. To any person demanding it pursuant to section 14-3204. 2. To any person having a prior or equal right to appointment not waived in writing and filed with the court.

A.R.S. § 14-3310

The first group includes anyone who has already filed a formal demand for notice under A.R.S. 14-3204. That statute allows interested parties to put themselves on record so they are informed when any probate action occurs. If someone has taken that step, the applicant cannot proceed without telling them.

Priority and Waiver

The second group covers anyone who holds a prior or equal right to be appointed. Arizona law establishes a priority order for who may serve as personal representative. A surviving spouse or a person nominated in the will, for example, generally has priority over other relatives. If someone with equal or higher priority has not waived that right in writing and filed the waiver with the court, they must be notified.

Once those two categories are addressed, no further notice is required. This keeps informal appointment accessible while still protecting the rights of people who have a legitimate stake in the process. For families where multiple people may want to serve, understanding this notice requirement helps avoid delays and disputes early on.

14-3310. Informal appointment proceedings; notice requirements The moving party must give notice as described by section 14-1401 of his intention to seek an appointment informally: 1. To any person demanding it pursuant to section 14-3204. 2. To any person having a prior or equal right to appointment not waived in writing and filed with the court. No other notice of an informal appointment proceeding is required.

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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