Settling an Informally Probated Will

Settlement Without Reopening the Testacy Question

In many probate proceedings, a will is admitted through the informal probate process. That means a registrar accepted the will without a full court hearing on its validity. This statute allows the estate to be settled on that basis. There is no need for the court to go back and formally determine whether the will is valid.

The personal representative can file at any time. A beneficiary named in the will can file after one year from the personal representative's appointment. Both must wait until the deadline for presenting creditor claims has passed. The petition can ask the court to review the final accounting, interpret the will's provisions, and approve distribution.

This is one of the types of probate in Arizona that avoids the cost of formal probate. Unlike a small estate affidavit, which applies only to estates below a certain value, this process works for estates of any size where the will was admitted informally. The surviving spouse, an adult child, or any other devisee under the will can use this path.

What Happens When Part of the Estate Is Intestate

Sometimes a will does not cover every asset in the estate. When that happens and it becomes clear during settlement that part of the estate will pass without a will, this statute requires the proceeding to shift. The case is either dismissed or amended to follow the rules for complete settlement under A.R.S. 14-3931. That section allows the court to address both testate and intestate distribution in one proceeding.

For families going through this process, the practical takeaway is that the informal probate process provides a streamlined path to close an estate. It avoids the cost and delay of a full testacy hearing unless someone has a reason to challenge the will's validity. Benefits administered by the department of veterans services or other agencies may also pass outside this proceeding entirely.