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Rule 51. Administrative Closure of a Decedent's Estate and Termination of Appointment

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

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part VIII. Rules that Apply Only to Decedents' Estates and Trusts
Effective: January 1, 2020
17B A.R.S. Rules Probate Proc., Rule 51
Formerly cited as AZ ST PROB Rule 15.2(A)
Rule 51. Administrative Closure of a Decedent's Estate and Termination of Appointment
Currentness
(a) Notice of Impending Administrative Closure. Two years after a decedent's estate is commenced, the court may issue a notice of impending administrative closure of the estate unless at least one of the following has occurred:
(1) one year has elapsed since the filing of a closing statement under A.R.S. § 14-3933 and no proceedings involving the personal representative or special administrator remain pending;
(2) a petition to settle the estate under A.R.S. §§ 14-3931 and 14-3932 has been filed and an initial hearing on that petition has been set;
(3) a petition to terminate the appointment of the special administrator under A.R.S. § 14-3618 has been filed and an initial hearing on that petition has been set; or
(4) the court has entered an order setting a future hearing or conference or extending the administration of the estate beyond two years.
(b) Contents of Notice. The notice must inform the parties and all persons who have filed a demand for notice that the estate will be administratively closed and any fiduciary appointment will be terminated without a discharge and release from liability or exoneration of any bond unless:
(1) one of the circumstances in section (a) has occurred;
(2) a request for hearing or conference has been filed;
(3) a petition to terminate the appointment of the personal representative or the special administrator has been filed; or
(4) a status report describing the matters to be resolved has been filed.
(c) Distribution of the Notice. The clerk or court administrator, as designated by the presiding judge, must distribute the notice to the following:
(1) the parties;
(2) in an intestate estate, every heir whose address is contained in the court's file;
(3) in a testate estate, every devisee whose address is contained in the file; and
(4) any person who has filed a demand for notice.
(d) Administrative Closure and Termination of Appointment. The court, without a hearing, may issue an order closing the estate administratively and terminating the appointment of the personal representative or special administrator if none of the events described in section (b) has occurred within 60 days after distribution of the notice.
(e) Effect of Administrative Closure. An order closing an estate administratively and terminating the appointment of a personal representative or special administrator under this rule does not discharge or release the fiduciary from liability or exonerate any bond.
(f) Authority. The court's authority to issue notices, administratively close an estate, and terminate appointments under this rule may be performed by court administration or by an appropriate electronic process under the court's supervision.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020.
17B A. R. S. Rules Probate Proc., Rule 51, AZ ST PROB Rule 51
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