2005 Arizona Revised Statutes - Revised Statutes §14-3306  Informal probate; notice requirements

A. The applicant must give notice as described by section 14-1401 of the applicant's application for informal probate:

1. To any person demanding it pursuant to section 14-3204.

2. To any personal representative of the decedent whose appointment has not been terminated. No other notice need be given prior to issuance of a statement of informal probate by the registrar.

B. On issuance of a statement of informal probate, the applicant must within thirty days give written information to all heirs and devisees of the admission of the will to probate, together with a copy of the will. The information shall describe the court where papers relating to the estate are on file and state that an heir has four months from receipt of the information within which to commence a formal testacy proceeding if the heir wishes to contest the probate. If a personal representative has been appointed, the information given pursuant to this section may be combined with the information required by section 14-3705 and may in that case be given by either the applicant or the personal representative on behalf of both. This information shall be delivered or sent by mail to each of the heirs and devisees whose address is reasonably available to the applicant. An heir to whom the information is given is barred from commencing a formal testacy proceeding to contest the probate of the will after four months have elapsed from receipt of the information, but an heir is not barred from commencing a formal testacy proceeding to probate a later discovered will. An heir to whom the information is not given may contest the informal probate within the time limit specified in section 14-3108. The applicant shall be liable to any heir or devisee damaged by failure to comply with this subsection. An applicant's failure to give information as required by this section is a breach of the applicant's duty to the heirs and devisees but does not affect the validity of the probate.

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