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Rule 3. Probate Case and Proceedings

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

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part I. General Information
Effective: January 1, 2020
17B A.R.S. Rules Probate Proc., Rule 3
Formerly cited as AZ ST PROB Rule 2(O); AZ ST PROB Rule 2(P)
Rule 3. Probate Case and Proceedings
(a) Generally. These rules distinguish between a probate case and the various proceedings that may occur within the case.
(b) Probate Case. A probate case is a court case initiated by filing a probate proceeding. Each probate case is assigned a unique number by the court clerk. A probate case includes one or more probate proceedings and, subject to the requirements of Rule 6, may include one or more non-probate proceedings. The termination of the initial probate proceeding does not necessarily terminate the probate case.
(c) Probate Proceeding. A probate proceeding is a court proceeding arising under
(1) A.R.S. Title 14, including cases concerning decedents’ estates, trusts, guardianships, conservatorships, and related matters, and any associated proceeding for declaratory relief under A.R.S. Title 12, Chapter 10, Article 2; or
(2) A.R.S. Title 36, Chapter 32, regarding living wills and health care directives.
(d) Non-Probate Proceeding. A non-probate proceeding is one that may be filed as a separate case but may be appropriately filed within or consolidated with a probate case under Rule 6, such as a civil action, a juvenile proceeding under A.R.S. Title 8, or a family law proceeding under A.R.S. Title 25.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020.
17B A. R. S. Rules Probate Proc., Rule 3, AZ ST PROB Rule 3
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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