Home Table of Contents

Rule 6. Non-Probate Proceedings Filed Within or Consolidated with a Probate Case

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 6
Formerly cited as AZ ST PROB Rule 4(B); AZ ST PROB Rule 4(C)
Rule 6. Non-Probate Proceedings Filed Within or Consolidated with a Probate Case
Currentness
(a) Requirements. A non-probate proceeding may be filed within or consolidated with a probate case, under the case number assigned to the probate case, only under one of the following conditions:
(1) if the probate case involves a decedent's estate, the personal representative must be a party to the non-probate proceeding;
(2) if the probate case involves a guardianship or protective proceeding, the subject person's guardian or conservator must be a party to the non-probate proceeding; or
(3) if the probate case involves the internal affairs of a trust, the trustee must be a party to the non-probate proceeding.
(b) Separate Hearings and Severance. If a non-probate proceeding has been filed in or consolidated with a probate case, the court may order a separate hearing on one or more issues, or it may sever the non-probate proceeding from the probate case. When ordering a separate hearing, the court must preserve any right to a jury trial.
(c) Definition of Party. As used in this rule, the word “party” means plaintiff, petitioner, defendant, respondent, counterclaimant, counter-defendant, cross-claimant, cross-defendant, third-party plaintiff, third-party defendant, or intervenor in the case filed within or consolidated with a probate case.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020.
17B A. R. S. Rules Probate Proc., Rule 6, AZ ST PROB Rule 6
State Court Rules are current with amendments received and effective through May 15, 2023. The Code of Judicial Administration is current with amendments received through May 15, 2023.
End of Document