Detailed Answer
Overview: In Arizona law, the phrase commonly called “probate in common form” in other states corresponds to an informal or uncontested probate process for admitting a will and opening an estate. Informal probate lets a personal representative (executor) obtain authority to manage and distribute the decedent’s assets without a formal court hearing unless someone contests the admission of the will or some other action. This process is generally faster, less expensive, and simpler than formal (or solemn) probate.
Legal basis: Arizona handles probate under Title 14 of the Arizona Revised Statutes (Probate). For general statutory guidance on probate and filing requirements, see Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14. The Arizona Judicial Branch also publishes practical probate guides and court forms: https://www.azcourts.gov/selfservice/Probate.
What informal (common-form-style) probate does
- Admits a will to probate without a full adversarial hearing, if nobody contests the will.
- Authorizes issuing Letters Testamentary (if a named executor) or Letters of Administration (if no will) so the representative can collect assets, pay valid debts and taxes, and distribute property to beneficiaries.
- Requires filing the original will, a probate petition, and supporting documents in the probate court for the county where the decedent lived.
Typical steps in Arizona informal probate (what to expect)
- Locate the original signed will (if any) and the decedent’s death certificate.
- File a petition for probate with the appropriate county probate court, attaching the original will and an affidavit or statement that no one contests admission (forms and exact requirements vary by county).
- Provide notice to heirs, beneficiaries, and interested parties as required by statute and court rules.
- If no one contests within the statutory notice period, the court admits the will and issues Letters to the personal representative.
- The representative gathers assets, inventories the estate, pays valid creditor claims and taxes, and distributes the estate according to the will (or statutes if no valid will).
Because the process is designed for uncontested cases, the court typically relies on written filings and affidavits rather than live witness testimony. If a party timely contests the will or objects to how the representative seeks authority, the court may convert the matter into a formal proceeding that includes a hearing, witness testimony, and greater procedural safeguards.
When informal probate is appropriate
- The will is authentic, original, and uncontested.
- The heirs and beneficiaries agree on the appointment of the nominated personal representative.
- The estate is straightforward (no complex assets, few or no disputes, no need for immediate litigation).
When you may need formal (solemn) probate instead
- Someone contests the validity of the will (e.g., claims of forgery, undue influence, lack of testamentary capacity).
- Multiple claimants dispute who should serve as personal representative.
- There are complex legal issues (e.g., large creditor claims, unclear asset ownership, tax controversies).
Practical effects for an Arizona personal representative
Using the informal probate route normally speeds up access to estate assets and lowers up-front court costs. Once Letters issue, the representative can collect bank accounts, transfer property, and pay debts. But the representative must still follow statutory duties: inventory assets, preserve estate property, pay valid claims, and account to beneficiaries. Failure to follow those duties can create personal liability.
Where to find forms and county requirements
Arizona probate is handled in county superior courts. Each county court posts local forms and filing instructions. Start with the Arizona Judicial Branch probate self‑help page for statewide guidance and links to county courts: https://www.azcourts.gov/selfservice/Probate. For statutory text and a list of probate rules, see Title 14 of the Arizona Revised Statutes: https://www.azleg.gov/arsDetail/?title=14.
Important reminder: This article explains general Arizona probate concepts and is not a substitute for the statutes, local court rules or professional counsel. If you have a contested situation, unusual assets, or disagreements between heirs, consult a probate attorney licensed in Arizona.
Helpful Hints
- Keep the original signed will safe. Courts generally require the original to admit the will to probate.
- Start with the probate court in the county where the decedent lived at death. County rules and forms vary.
- Get a certified copy of the death certificate early; many institutions require it to release assets.
- If the estate is small, check whether a small‑estate affidavit or other simplified procedure applies before opening formal probate.
- Provide timely notice to heirs and creditors per court requirements to avoid later challenges.
- Document all estate transactions and keep a clear paper trail of receipts, disbursements, and distributions.
- If anyone objects to the will’s admission, expect a formal proceeding with live testimony and a higher burden to prove authenticity.
- Consult an Arizona probate attorney if you expect disputes, if the estate includes business interests or out‑of‑state real estate, or if tax issues are likely.
Disclaimer: This information is educational only and not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation under Arizona law, contact a licensed Arizona attorney or the local probate court.