Arizona Laws 14-3303. Informal probate; proof and findings required
A. In an informal proceeding for original probate of a will, the registrar shall determine whether:
Terms Used In Arizona Laws 14-3303
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Application: means a written request to the registrar for an order of informal probate or appointment under chapter 3, article 3 of this title. See Arizona Laws 14-1201
- Court: means the superior court. See Arizona Laws 14-1201
- Decedent: A deceased person.
- Interested person: includes any trustee, heir, devisee, child, spouse, creditor, beneficiary, person holding a power of appointment and other person who has a property right in or claim against a trust estate or the estate of a decedent, ward or protected person. See Arizona Laws 14-1201
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual or an organization. See Arizona Laws 14-1201
- Personal representative: includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status. See Arizona Laws 14-1201
- Probate: Proving a will
- Proceeding: includes action at law and suit in equity. See Arizona Laws 14-1201
- Registrar: means the official of the court who is designated to perform the functions of registrar as provided in section 14-1307. See Arizona Laws 14-1201
- State: means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico. See Arizona Laws 14-9101
- Venue: The geographical location in which a case is tried.
- Will: includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. See Arizona Laws 14-1201
1. The application is complete.
2. The applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief.
3. The applicant appears from the application to be a person permitted to apply as provided in section 14-3301, subsection A.
4. On the basis of the statements in the application, venue is proper.
5. An original, duly executed and apparently unrevoked will is in the registrar’s possession.
6. Any notice required by section 14-3204 has been given and that the application is not within section 14-3304.
7. It appears from the application that the time limit for original probate has not expired.
B. The application shall be denied if it indicates that a personal representative has been appointed in another county of this state or except as provided in subsection D of this section, if it appears that this or another will of the decedent has been the subject of a previous probate order.
C. A will which appears to have the required signatures and which contains an attestation clause showing that requirements of execution under chapter 2, article 5 of this title have been met shall be probated without further proof. In other cases, the registrar may assume execution if the will appears to have been properly executed, or he may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, whether or not the person was a witness to the will.
D. Informal probate of a will which has been previously probated in another jurisdiction may be granted at any time upon written application by any interested person, together with deposit of a certified copy of the will and of the statement probating it from the office or court where it was first probated.
E. A will from a place which does not provide for probate of a will after death and which is not eligible for probate under subsection A of this section may be probated in this state upon receipt by the registrar of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place.