Arizona Probate

http://www.azcourts.gov/probate

 

http://www.azcourts.gov/probate/Probate-Forms

 

Arizona Rules of Probate Procedure

https://govt.westlaw.com/azrules/Browse/Home/Arizona/ArizonaCourtRules/ArizonaStatutesCourtRules?guid=NEB9773C0971D11DD86F49F8874280CEA&transitionType=CategoryPageItem&contextData=(sc.Default)

 

Preamble

I. Scope of Rules, Definitions, Applicability of Other Rules

II. General Procedures

III. Applications, Petitions, and Motions

IV. Procedures Relating to the Appointment of Fiduciaries

V. Contested Probate Proceedings

VI. Post Appointment Procedures

VII. Other Matters

VIII. Forms

 

17B A.R.S. Rules Probate Proc., Preamble

Preamble

 

TERMINOLOGY

These rules apply to probate proceedings brought under Arizona Revised Statutes (“A.R.S.”) Title 14 and to proceedings to challenge or enforce the decision of one authorized to make health care decisions for a patient. They are designed to establish uniform practice and statewide standards for such proceedings in the superior court, to promote the prompt, efficient, and fair administration of such proceedings, and to supplement the statutes and rules of civil procedure, not to replace them. Thus, practitioners and unrepresented persons should be able to participate in probate proceedings in any part of the state by referencing these rules, the applicable statutes, and the rules of civil procedure, without having to tailor procedures and forms to comply with differing local probate practices or rules.

The appointment of a guardian or conservator intrudes on the ward's or protected person's liberty to make and carry out decisions regarding matters that may be of a very personal nature. The appointment of a guardian or conservator places the guardian or conservator in a position of trust and confidence with respect to the ward or protected person and imposes on the guardian or conservator the highest duty to act for the benefit of the ward or protected person. For these reasons, these rules also are intended to ensure the protection of the due process rights of persons for whom the appointment of a guardian or conservator is sought.

Judicial officers in probate matters should aspire to the standards set forth in the National Probate Court Standards, which were adopted by the Arizona Supreme Court in 2001. See Administrative Order 2001-63. The court is responsible for enforcing statutory requirements and ensuring compliance with court orders and rules in probate matters. Accordingly, judicial officers should periodically review and monitor all probate cases to ensure compliance with applicable statutes, rules, and court orders. See Ariz. R. Sup. Ct. 91(i). Public confidence in the integrity of the judicial process depends on compliance with court orders and the rule of law.

Credits

Added Sept. 16, 2008, effective Jan. 1, 2009.

17B A. R. S. Rules Probate Proc., Preamble, AZ ST PROB Preamble

Current with amendments received through 3/15/17

 

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