What Happens When Nobody Objects
Formal testacy proceedings determine whether a will is valid and should be admitted to probate. When no one files an objection, the process can move quickly. The court has two options. It can approve probate based on the petition and supporting documents alone, or it can hold a hearing and take evidence.
If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 14-3409 have been met, or conduct a hearing in open court and require proof of the matters necessary to support the order sought.
A.R.S. § 14-3405In practice, most formal testacy proceedings are uncontested. The personal representative files the petition and provides proper notice to interested parties. If no one responds with an objection, the court can resolve the matter without a full evidentiary hearing. This streamlined path saves time and reduces costs for families.
Simplified Proof of Execution
One of the key advantages in an uncontested case is the reduced burden of proof for how the will was signed. Instead of tracking down every witness who watched the signing, the court only needs to hear from one attesting witness. That testimony can come through live appearance or a sworn affidavit.
If evidence concerning execution of the will is necessary, the affidavit or testimony of one of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit.
A.R.S. § 14-3405If none of the original witnesses are available, the court accepts other forms of evidence. This flexibility prevents old or hard-to-locate witnesses from becoming a roadblock. A self-proving will simplifies this step even further. The notarized affidavit attached at signing satisfies the execution requirement without additional testimony.