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Rule 17. Initial Hearing on a Petition

Arizona Revised Statutes AnnotatedArizona Rules of Probate ProcedureEffective: October 30, 2023

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part II. Initiation of Probate Proceedings
Effective: October 30, 2023
17B A.R.S. Rules Probate Proc., Rule 17
Formerly cited as AZ ST PROB Rule 12
Rule 17. Initial Hearing on a Petition
(a) Attendance at the Initial Hearing.
(1) Petitioner. The petitioner must attend the initial hearing on a petition unless the court has specified otherwise.
(2) Other Interested Persons and Their Attorneys.
(A) No Opposition to Relief Requested in Petition. Unless the court has specified otherwise and except as provided in A.R.S. ยง 14-5401(D), an interested person who does not oppose the relief requested in the petition is not required to attend the initial hearing.
(B) Opposition to Relief Requested in Petition. An interested person who opposes the relief requested in the petition must attend the initial hearing unless the interested person has filed a written response to the petition at least 7 calendar days before the hearing. If the interested person attends the initial hearing, the interested person must notify the court of such person's presence and opposition to the petition.
(b) Procedure at Initial Hearing.
(1) No Opposition. If no interested person has opposed the relief requested in the petition as provided in Rule 15, the court may decide the issues raised in the petition at the initial hearing without setting additional court events.
(2) Opposition. If an interested person has opposed the requested relief as provided in Rule 15, the clerk must note the opposition in the court's minutes and the court must follow the procedures set forth in Rules 27-29 relating to contested matters.
(c) Evidence. Evidence may not be presented at the initial hearing if the court has specified that the petitioner is not required to attend the hearing. However, if the petitioner attends the initial hearing, evidence may be presented upon agreement of the parties.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020. Amended on an emergency basis Aug. 24, 2023, effective Oct. 30, 2023.
17B A. R. S. Rules Probate Proc., Rule 17, AZ ST PROB Rule 17
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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