Arizona § 14-3402 Formal testacy or appointment proceedings; petition; contents

Arizona Statutes

§ 14-3402 — Formal testacy or appointment proceedings; petition; contents

Arizona § 14-3402

Title 14Arizona Revised Statutes

Ch. 3PROBATE OF WILLS AND ADMINISTRATION

Art. 4Formal Testacy and Appointment Proceedings

This text of Arizona § 14-3402 (Formal testacy or appointment proceedings; petition; contents) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 14-3402 (2026).

Text

A.Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the court, request a judicial order after notice and hearing and contain further statements as indicated in this section. A petition for formal probate of a will must:

1.Request an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs;

2.Contain the statements required for informal applications as stated in paragraph 1 of subsection B of section 14-3301 and the statements required by subdivisions (b) and (c), paragraph 2 of subsection B of section 14-3301; and

3.State whether the original of the last will of the decedent

Free access — add to your briefcase to read the full text and ask questions with AI

A. Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the court, request a judicial order after notice and hearing and contain further statements as indicated in this section. A petition for formal probate of a will must:

1. Request an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs;

2. Contain the statements required for informal applications as stated in paragraph 1 of subsection B of section 14-3301 and the statements required by subdivisions (b) and (c), paragraph 2 of subsection B of section 14-3301; and

3. State whether the original of the last will of the decedent is in the possession of the court or accompanies the petition. If the original will or a certified copy of a will probated in another jurisdiction neither is in the possession of the court nor accompanies the petition, the petition also must state the contents of the will, and indicate that it is lost, destroyed or otherwise unavailable.

B. A petition for adjudication of intestacy and appointment of an administrator in intestacy must request a judicial finding and order that the decedent left no will and determining the heirs, contain the statements required by paragraphs 1 and 4 of subsection B of section 14-3301 and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of an administrator, in which case, the statements required by subdivision (b), paragraph 4 of subsection B of section 14-3301 may be omitted.