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 If the application for informal appointment suggests that there may be a will out there that has not been revoked and has not been filed for probate, the registrar cannot move forward. A will that has not been informally probated or formally probated creates this barrier.
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 nominated to serve as personal representative. It can direct how the estate should be distributed among heirs and devisees. Appointing someone informally while such a will 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. They can also initiate a formal testacy proceeding under A.R.S. 14-3401, where a judge can evaluate the situation with full notice and a hearing.
Understanding the date of death and its relation to the will is important. A will is only valid if it was executed before the date of death and has not been revoked. If the surviving spouse or other family members know a will exists but cannot locate it, they should work with an attorney to determine the right path forward.
For families dealing with a deceased loved one who may have left a will, this statute signals that the formal process is the appropriate next step. The informal path is only available when there are no outstanding questions about the existence of a valid will.
In some cases, creditor claims may also be affected by which process is used. A closing statement in an informal proceeding has different implications than a formal court order. Families should understand these differences before choosing their path. The department of veterans services or other agencies may also need to be involved if the decedent received government benefits.