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.