Arizona Laws 14-3308. Informal appointment proceedings; proof and findings required
A. In informal appointment proceedings, the registrar must determine whether:
Terms Used In Arizona Laws 14-3308
- 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.
- 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
- 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
- Special administrator: means a personal representative as described by sections 14-3614 through 14-3618. 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
- Supervised administration: refers to the proceedings described in chapter 3, article 5 of this title. See Arizona Laws 14-1201
- 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 for informal appointment of a personal representative 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. Any will to which the requested appointment relates has been or is being simultaneously formally or informally probated, except this requirement does not apply to the appointment of a special administrator.
6. Any notice required by section 14-3204 has been given.
7. From the statements in the application, the person whose appointment is sought has priority entitling him to the appointment.
8. The will, if any, requires supervised administration.
B. Unless section 14-3612 controls, the application must be denied if it indicates any of the following:
1. A personal representative who has not filed a written statement of resignation as provided in section 14-3610, subsection C has been appointed in this or another county of this state.
2. The decedent was not domiciled in this state, a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile and the applicant is not the domiciliary personal representative or his nominee.
3. Other requirements of this section have not been met.