The Unrevoked Will Requirement
Informal appointment is meant to be a simplified path, but it has limits. One of the clearest boundaries involves unresolved wills. If the application for informal appointment suggests that there may be a will out there that has not been revoked and has not been filed for probate, the registrar cannot move forward.
If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of this state, and which is not filed for probate in this court, the registrar shall decline the application.
A.R.S. § 14-3311The reasoning is straightforward. A will can name a specific person to serve as personal representative and can direct how the estate should be distributed. Appointing someone informally while a will that might change everything sits unfiled would undermine the entire probate process.
What Happens After the Application Is Declined
When the registrar declines an informal appointment under this statute, the interested parties are not left without options. They can locate and file the will, then pursue either informal or formal probate. Alternatively, they can initiate a formal testacy proceeding under A.R.S. 14-3401, where a judge can evaluate the situation with full notice and a hearing.
This statute acts as a safeguard. It prevents the informal process from being used to bypass a will that could change who serves as personal representative or how the estate is handled. For families dealing with a deceased loved one who may have left a will that has not been located or filed, this is a signal that the formal process is the appropriate next step.
