Wills and Living Wills

questions & answers

Question: Is it possible to force a will into probate as I can't get a copy of the will?

Answer: Generally, the personal representative (also known as the executor in other states) is the person who offers the will to probate. Unless special circumstances arise, an informal probate must commence within two years after a person dies with a will, per Arizona Revised Statute §14-3108. It is important to remember that not all assets are required to go through probate. Under the Arizona Revised statute §14-3611, if the personal representative is acting inappropriately, a person who has an interest in the estate may file a petition to have the personal representative removed. If a person has a financial or property interest in the decedent’s estate, he or she may also file a demand for notice with the court. This notifies the personal representative or the person who has custody of the will that he or she needs to notify you of any filings or orders entered into in relation to the estate. The demand for notice must include the name of the person who died (also known as the decedent), the nature of the interest in the estate, and the person requesting the notice’s address and/or his or her attorney’s address. A copy of the demand must also be sent to the personal representative if one has been appointed. (A.R.S. §14-3204.)