Who Must Be Notified
Formal testacy proceedings carry higher stakes than informal probate, so the notice requirements are broader. The petitioner must notify everyone who has a meaningful connection to the estate or the will.
Notice shall be given to the following persons: the surviving spouse, children and other heirs of the decedent, the devisees and executors named in any will that is being, or has been, probated, or offered for informal or formal probate in the county, or that is known by the petitioner to have been probated, or offered for informal or formal probate in another jurisdiction, and any personal representative of the decedent whose appointment has not been terminated.
A.R.S. § 14-3403(A)This ensures that no one with a legitimate interest in the estate is left in the dark. The notice requirement extends beyond just local proceedings. If the petitioner knows that a will has been probated or offered for probate in another state, the people named in that will must be notified as well. For unknown persons, the petitioner must give notice by publication.
When There Is Doubt About the Death
In rare cases, there may be uncertainty about whether the alleged decedent is actually deceased. When the petition raises this possibility, or when any interested person formally requests it, the court can order additional steps to locate the missing person.
These steps may include publishing notices in periodicals, contacting law enforcement and public welfare agencies, or hiring an investigator. The costs of the search are paid by the petitioner if no estate administration is underway, or by the estate if administration has begun.
While these situations are uncommon, this provision reflects the seriousness of a formal testacy proceeding. The court will not determine the validity of a will or distribute an estate without reasonable confidence that the person has actually passed away.