The Court's Checklist
A formal proceeding to probate a will is not a rubber stamp. Before issuing a final order, the court works through a specific set of findings. Each one must be satisfied before probate is granted or intestacy is declared. This process differs from informal probate, where a registrar reviews the documents without a full hearing.
After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was commenced within the limitation prescribed by section 14-3108, it shall determine the decedent's domicile at death, his heirs and his state of testacy.
A.R.S. § 14-3409The court confirms three threshold facts: death of the deceased person, proper venue, and timeliness. The case must be filed in the right county and within the statutory deadline. Only after clearing those hurdles does the court move on to domicile, heirship, and whether a valid will exists.
Every interested party must receive proper notice before the hearing. This includes beneficiaries named in the will and potential heirs. Filing a petition to start a formal proceeding sets the timeline in motion. The court will not act until the required notice period has passed.
Foreign Wills and Dismissal
If the court is not satisfied that the alleged deceased person is actually dead, it must dismiss the petition or allow an amendment. This safeguard prevents probate from proceeding based on assumptions or incomplete evidence.
The statute also addresses wills from places that do not have a traditional probate process. A will from a foreign jurisdiction can be proved for probate through a duly authenticated certificate. The certificate must confirm that the copy is true and that the will has become effective under the law of that place.
A will from a place which does not provide for probate of a will after death, may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place.
A.R.S. § 14-3409This provision ensures that wills from other countries or jurisdictions with different legal systems can be honored. The formal proceeding covers all types of estate assets, including real estate, bank accounts, and life insurance proceeds payable to the estate. Proper authentication is required regardless of the asset type.