Settlement Without Reopening the Testacy Question
In many Arizona probate cases, a will is admitted informally. 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, without requiring the court to go back and formally determine whether the will is valid.
A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of settlement of the estate which will not adjudicate the testacy status of the decedent.
A.R.S. § 14-3932The personal representative can file at any time. A beneficiary named in the will can file after one year from the personal representative's appointment, but only after 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 to the people entitled under the will.
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 the settlement process 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, which allows the court to address both testate and intestate distribution in one proceeding.
For families going through this process, the practical takeaway is that Arizona law provides a streamlined path to close an estate when the will was probated informally. It avoids the cost and delay of a full testacy hearing unless someone has a reason to challenge the will's validity.
