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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 through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
End of Document