Arizona Laws 14-3403. Formal testacy proceeding; notice of hearing on petition
A. On commencement of a formal testacy proceeding, the clerk shall fix a time and place of hearing. Notice shall be given in the manner prescribed by section 14-1401 by the petitioner to the persons specified in this section and to any additional person who has filed a demand for notice under section 14-3204. Notice shall be given to the following persons: the surviving spouse, children and other heirs of the decedent, the devisees and executors named in any will that is being, or has been, probated, or offered for informal or formal probate in the county, or that is known by the petitioner to have been probated, or offered for informal or formal probate in another jurisdiction, and any personal representative of the decedent whose appointment has not been terminated. Notice may be given to other persons. To the extent that the petitioner is not otherwise required by section 14-1401 to give notice by publication, the petitioner shall give notice by publication in the manner prescribed by section 14-1401, subsection A, paragraph 3 to all unknown persons.
Terms Used In Arizona Laws 14-3403
- Court: means the superior court. See Arizona Laws 14-1201
- Decedent: A deceased person.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- 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
- Investigator: means a person who is appointed by the court under section 14-5308. See Arizona Laws 14-5101
- 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
- Petition: means a written request to the court for an order after notice. See Arizona Laws 14-1201
- Probate: Proving a will
- Proceeding: includes action at law and suit in equity. See Arizona Laws 14-1201
- Registered mail: includes certified mail. See Arizona Laws 1-215
- 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
B. If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the notice of the hearing on the petition shall be sent by registered mail to the alleged decedent at the decedent’s last known address. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including any or all of the following methods:
1. By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent.
2. By notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent.
3. By engaging the services of an investigator. The costs of any search so directed shall be paid by the petitioner if there is no administration or by the estate of the decedent in case there is administration.