{"data":{"id":"us-az/a.r.s.-14-3401","jurisdiction":"us-az","citation":"A.R.S. § 14-3401","heading":"Formal testacy proceedings; nature; when commenced","body":"A. A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 14-3402, subsection A in which he requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with section 14-3402, subsection B for an order that the decedent died intestate.\n\nB. A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may involve a request for appointment of a personal representative.\n\nC. During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.\n\nD. Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from exercising his power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of a request or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.","path":["Title 14 Trusts, Estates and Protective Proceedings"],"source_url":"https://www.azleg.gov/ars/14/03401.htm","current_through":"2026-09-04","vintage":"2026-08-09","retrieved_at":"2026-09-04T00:49:56Z","sha256":"e6c8651e7dbde127c268ac7fe976490cc86df23b44e1041c610b2720157f9d57","source_id":"us-az","stale":true,"prev":"us-az/a.r.s.-14-3311","next":"us-az/a.r.s.-14-3402"},"notice":"GroundRules: Original legal text. Not legal advice."}