Detailed Answer
Discovering an old will decades after execution in Arizona can still allow probate if you follow state law. Arizona sets execution formalities under ARS §14-2502 and self-proving wills under ARS §14-2505. To authenticate and probate an old will, follow these key steps:
- Authenticate the Will: Confirm you have the original document. Gather the testator’s certified death certificate. If possible, obtain affidavits from the witnesses who signed the will or from individuals with direct knowledge of its proper execution.
- Prepare the Probate Petition: Under ARS §14-3201, file your petition to admit the will to probate in the superior court of the county where the decedent last resided. Attach the original will and death certificate.
- File the Petition: Submit the petition, original will, and death certificate to the clerk of court and pay the required filing fee.
- Provide Notice: Publish notice of the probate proceeding as required by ARS §14-3702 and serve notice on all heirs and beneficiaries within 46 days of filing.
- Attend the Admission Hearing: The court will review the petition. If no timely objections arise, it will enter an order admitting the will and issuing letters testamentary or letters of administration with will annexed.
- Handle Contests Promptly: Any will contest must be filed within four years after the decedent’s death under ARS §14-3301. Even if the will surfaces decades later, courts may hear challenges unless barred by laches or estoppel.
After admission, the personal representative administers the estate according to the will’s terms and Arizona probate law.
Helpful Hints
- Retain a handwriting or document expert to verify signatures and authenticity.
- Secure certified copies of vital records early in the process.
- Locate and interview original witnesses for supporting affidavits.
- Keep the original will safe and intact; avoid any alterations.
- Consider consulting an estate attorney if objections or complex asset issues arise.
Disclaimer: This article does not constitute legal advice and is for informational purposes only. Consult a licensed attorney in Arizona for guidance.