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Rule 16. Notice of Initial Hearing on 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 16
Formerly cited as AZ ST PROB Rule 9
Rule 16. Notice of Initial Hearing on Petition
(a) Required Content. The notice of an initial hearing on a petition required by Rule 15(d) must state:
(1) the title of the petition to be heard;
(2) the date, time, and place of the initial hearing;
(3) the name of the judicial officer before whom the petition is set for hearing;
(4) if the court has authorized virtual attendance at the initial hearing,
(A) a statement that specifies whether the court has permitted, or required, virtual attendance, and
(B) instructions for virtually attending the initial hearing;
(5) if the court has not authorized virtual attendance at the initial hearing, the following statement: “If you wish to attend this hearing virtually, you must request permission from the court as described in Rule 12(c), Arizona Rules of Probate Procedure”; and
(6) any notice regarding the right to a jury trial required under A.R.S. §§ 14-5309(C) or 14-5405(C).
(b) Required Warning. The notice must include the following warning:
This is a legal notice; your rights may be affected. [Éste es un aviso legal. Sus derechos podrían ser afectados.]
You are not required to attend this hearing except as provided in A.R.S. § 14-5401(D). However, if you oppose any of the relief requested in the petition that accompanies this notice, you must file with the court a written response at least 7 calendar days before the hearing date or you or your attorney must attend the hearing. Any written response must comply with Rule 15(e) of the Arizona Rules of Probate Procedure. If you do not file a timely response or attend the hearing:
(1) the court may grant the relief requested in the petition unless otherwise prohibited by law and without further proceedings, and
(2) you will not receive additional notices of court proceedings relating to the petition unless you file a demand for notice pursuant to Title 14, Arizona Revised Statutes.
(c) Required Copy of the Petition. Except for notices that are published, the notice must be accompanied by a copy of the petition that is the subject of the initial hearing, unless the court orders otherwise or the person being served waives this requirement.
(d) Petition for the Confirmation of a Sale of Real Estate.
(1) Notice of Hearing. In addition to the information required by sections (a) and (b), a notice of an initial hearing on a petition for the confirmation of a sale of real estate must contain the following information:
(A) the name and telephone number of the petitioner or the petitioner's attorney;
(B) the proposed sales price; and
(C) a statement that the court may consider other bids at the hearing.
(2) Providing, Posting, and Publishing the Notice.
(A) Providing the Notice to Interested Persons. The notice of the hearing must be provided to all interested persons as required by A.R.S. § 14-1401(A), unless the court orders otherwise.
(B) Posting and Publication. The court also may require either or both of the following to be done at least 14 calendar days before the hearing:
(i) that the notice of hearing be posted on the property to be sold, and
(ii) that the notice of hearing be published in a newspaper of general circulation in the county in which the property is located.
(C) Placement of Posted Notice. If the court orders that notice of the hearing be posted on the property, the notice must be posted in a place that is visible from the front of the property and, if the property is a structure, in a place that is visible from outside the structure.
(e) Inapplicability of Civil Rule 6(c). The provisions of Civil Rule 6(c) do not apply to a notice of hearing in a probate proceeding.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020. Amended Aug. 30, 2021, effective Jan. 1, 2022; amended on an emergency basis Aug. 24, 2023, effective Oct. 30, 2023.
17B A. R. S. Rules Probate Proc., Rule 16, AZ ST PROB Rule 16
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