A.R.S. § 14-3102: Probate Requirement
Necessity of statement or order of probate for will; exception
A will generally must be declared valid through informal probate by the registrar or a court probate adjudication to transfer property or nominate an executor, but an unprobated, properly executed and unrevoked will can still serve as evidence of a devise if no court proceeding on the estate has occurred and either the devisee possessed the property as the will directed or no one possessed or claimed it under the decedent's title during the testacy period.
Full statute text
Official text last checked against azleg.gov:
14-3102. Necessity of statement or order of probate for will; exception
Except as provided in section 14-3971, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by a statement of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if both:
1. No court proceeding concerning the succession or administration of the estate has occurred.
2. Either the devisee or his successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.
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