Probating Multiple Wills: When More Than One Instrument Is Valid

When Two Documents Can Coexist

People sometimes create more than one testamentary instrument over the course of their lives. A will might be followed by a codicil, or a person might sign a second document that supplements the first without completely replacing it. Arizona law accounts for this reality.

The key question is whether the documents can work together. If the second instrument includes a clause revoking the first, or if its provisions are so comprehensive that the first document is effectively replaced, only the later one controls. But if they address different assets or different issues, both can be admitted to probate and read together.

After the Final Order

When multiple instruments are admitted to probate, the court's order must clarify which provisions control the nomination of a personal representative. The order may also address how specific provisions in one document are affected by the other, though it is not required to do so.

There is an important finality rule. Once a court enters a final order in a testacy proceeding, no additional instruments of the deceased may be offered for probate unless the petition seeks to vacate or modify the previous order.

This finality serves an important purpose. It prevents the estate from being reopened indefinitely every time a new document surfaces. If a previously unknown will is discovered after the final order, the only path forward is a formal petition to vacate or modify, subject to strict time limits.