The Court's Checklist
A formal testacy proceeding 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.
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, proper venue (the case is filed in the right county), and timeliness (filed within the statutory deadline under A.R.S. 14-3108). Only after clearing those hurdles does the court move on to the substantive questions of domicile, heirship, and whether a valid will exists.
Foreign Wills and Dismissal
If the court is not satisfied that the alleged decedent 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 in Arizona through a duly authenticated certificate from the legal custodian confirming 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 Arizona can honor wills from other countries or jurisdictions with different legal systems, provided proper authentication is supplied.
