Who Must Be Notified
Formal testacy proceedings carry higher stakes than informal probate. As a result, the notice rules are broader. The petitioner must notify everyone with a real 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 means no one with a real stake in the estate is left out. The notice rule goes beyond local proceedings too.
If the petitioner knows a will was probated in another state, the people named in that will must also be notified. For unknown persons, the petitioner must give notice by publication.
When There Is Doubt About the Death
In rare cases, there may be doubt about whether the person is actually deceased. When the petition raises this question, the court can order extra steps to locate the missing person.
These steps may include posting notices, contacting law enforcement and welfare agencies, or hiring an investigator. The petitioner pays these costs if no estate administration is underway. If administration has begun, the estate pays.
These situations are uncommon. However, this rule reflects the seriousness of a formal testacy proceeding. The court will not determine a will's validity or distribute an estate without reasonable proof that the person has passed away.