A Legal MinutePrivacy & public records
Why Probate Filing Rules Cannot Be Avoided
The short answer
Arizona law requires certain filings in a probate matter, so some information has to go on the court record even when a family is uncomfortable with it. Truly sensitive details can be kept out of the court file, but the required filings still have to be made.
From the full episode Privacy in Arizona Probate: What Becomes Public (17:49).
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Transcript
...with their handling of probate matter, just know that the things that are truly sensitive we can keep outside of the court, but unfortunately there are check marks and we are going to have to file things. And I know that makes some people uncomfortable, but we have to adhere to Arizona law.
So, Arizona's decided that wills have to be probated, and so that's just kind of what we have to do. It's not anything you can control, and you know, you can find some solace in the fact that, like, nope, the state of Arizona's making me. I don't have to like it, but I have to do my job.
So, that's what I tell people: give yourself a little slack. You know, this isn't anything that you can necessarily control in big picture.
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