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Rule 15. Petitions

Arizona Revised Statutes AnnotatedArizona Rules of Probate ProcedureEffective: January 1, 2020

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part II. Initiation of Probate Proceedings
Effective: January 1, 2020
17B A.R.S. Rules Probate Proc., Rule 15
Formerly cited as AZ ST PROB Rule 17; AZ ST PROB Rule 13(B); AZ ST PROB Rule 13(D); AZ ST PROB Rule 27
Rule 15. Petitions
(a) Meaning of “Petition.” A “petition” is a written request to a judicial officer for substantive relief in a probate proceeding, usually requiring advance notice to interested persons and a hearing. “Petition” includes a counter-petition, cross-petition, and third-party petition.
(b) Form of Petition. A petition must contain statements required by statute and must comply with Civil Rules 5.2(a), 5.2(b), 8(a), 8(e), 9, 10(b), and 11.1
(c) Initial Hearing Date. The petitioner must obtain from the court a date, time, and location for an initial hearing on the petition. Failure to obtain an initial hearing date may result in dismissal of the petition, as provided in Rule 18.
(d) Notice of Hearing on the Petition. The petitioner must provide notice of the initial hearing as required by A.R.S. Title 14 and Rule 16 and must file proof of having given notice.
(e) Contested Proceeding; Response. A probate proceeding becomes contested when an interested person opposes a petition as follows:
(1) Written Response. An interested person who opposes the relief requested in a petition should file a response that objects to the petition, or a motion under Civil Rule 12, no later than 7 calendar days before the initial hearing on the petition.
(2) Oral Response. If an interested person does not timely file a written response before the initial hearing on the petition, that person must attend the hearing, orally respond to the petition at the hearing, and file a written response that objects to the petition, or a motion under Civil Rule 12, within 14 calendar days after the initial hearing or as the court orders.
(3) Form of Written Response. A written response must comply with Civil Rules 5.2(a), 5.2(b), 8(c), 8(d), 8(e), 9, 10, and 11.1
(4) Notice of Response. Unless the court orders otherwise, a person who files a written response to a petition must serve a copy of the response on all other parties as provided by Civil Rule 5.
(f) Joinder or Statement of No Position. An interested person who agrees that the court should grant the relief requested in a petition or response may file a notice of joinder. Any person who takes no position concerning the requested relief may file a statement of no position. Alternatively, a notice of joinder or statement of no position may be made in open court and filed within the times and in the manner provided by section (e).
(g) Reply. Unless the court directs otherwise, a party may not file a reply to a response, joinder, or statement of no position.
(h) Copy to the Assigned Judicial Officer. When filing a petition, response, reply, or other document under this rule, the filing party must provide a copy of the filed document to the assigned judicial officer.
(i) Request for Accelerated Hearing. A party requesting an accelerated hearing on a petition must file a separate motion that states the legal authority and factual circumstances supporting the request. The motion may incorporate by reference relevant allegations in the petition. The petitioner must provide the assigned judicial officer a copy of the motion, a copy of the petition, and a proposed order accelerating the hearing. The court may rule on the motion requesting an accelerated hearing without awaiting a response or setting oral argument. This section does not apply to a petition under Rule 44 that requests the appointment of a temporary guardian or conservator.
(j) Ex Parte Petitions. Any petition that seeks relief without prior notice to interested persons must contain the words “ex parte” in its title. The petitioner must state in the petition the legal authority and factual circumstances that authorize the court to rule on the request without prior notice to interested persons.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020. Amended Dec. 12, 2019, effective Jan. 1, 2020.

Footnotes

AZ ST RCP Rule 5.2, 8, 9, 10, and 11
17B A. R. S. Rules Probate Proc., Rule 15, AZ ST PROB Rule 15
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
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