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A.R.S. § 14-3401

When Probate Requires a Judge

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

A formal testacy proceeding is a court hearing to decide whether a deceased person left a valid will. It can also challenge an informal probate or block a pending one. Once it begins, informal probate actions pause.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

What Makes a Proceeding "Formal"

Not every probate matter fits the simplified informal process. When there is a dispute about whether a will is valid, the law provides for formal testacy proceedings.

This type of proceeding also applies when someone wants to challenge an informal probate or when the situation calls for judicial oversight.

A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 14-3402, subsection A in which he requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with section 14-3402, subsection B for an order that the decedent died intestate.

A.R.S. § 14-3401(A)

The key difference is that formal proceedings involve a judge, require notice, and include a hearing. This gives a level of review that informal probate does not.

Attorney fees and other costs may be higher. However, the process offers stronger protection for all parties.

How Formal Proceedings Affect Existing Appointments

Once a formal testacy proceeding is filed, it pauses certain activities. The registrar cannot process new informal probate or appointment requests for that estate.

If a personal representative was already appointed, they must stop making distributions until the formal proceeding is resolved. They can still maintain estate property and pay needed expenses.

Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from exercising his power to make any further distribution of the estate during the pendency of the formal proceeding.

A.R.S. § 14-3401(D)

This protects everyone from early transfers that might need to be reversed. For families dealing with a contested will, knowing that formal proceedings pause distributions helps set realistic expectations.

14-3401. Formal testacy proceedings; nature; when commenced A. A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 14-3402, subsection A in which he requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with section 14-3402, subsection B for an order that the decedent died intestate. B. A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may involve a request for appointment of a personal representative. C. During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent. D. Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from exercising his power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of a request or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than t...

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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