When Two Documents Can Coexist
People sometimes create more than one testamentary instrument. A will might be followed by a codicil or a second document that adds to the first.
When multiple wills are discovered during probate, the court reviews each one. The key question is whether the documents can work together.
If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication.
A.R.S. § 14-3410If the second instrument includes a clause revoking the first, only the later one controls. But if they address different assets or issues, both can be admitted to probate.
This means the court reads them together. This can create confusion for family members about which document governs their inheritance.
After the Final Order
When the court admits multiple instruments to probate, the order must clarify one key point. It must state which provisions control the nomination of a personal representative.
There is an important finality rule. Once a court enters a final order, no one may offer additional instruments for probate.
After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of section 14-3412.
A.R.S. § 14-3410The only exception is a petition to vacate or modify the previous order. This rule prevents the estate from being reopened every time a new document surfaces.
If a previously unknown will appears after the final order, the only path is a formal petition. That petition is subject to strict time limits. Families who suspect multiple wills exist should raise the issue early in probate.