Home Table of Contents

Rule 34. Prudent Management of Costs

Arizona Revised Statutes AnnotatedArizona Rules of Probate ProcedureEffective: January 1, 2022

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part V. General Roles and Duties of Participants
Effective: January 1, 2022
17B A.R.S. Rules Probate Proc., Rule 34
Formerly cited as AZ ST PROB Rule 10.1
Rule 34. Prudent Management of Costs
The following are in addition to the duties imposed by A.R.S. § 14-1104 and A.C.J.A. § 3-303.
(a) Disclosure When Cost Exceeds Benefits. A guardian ad litem, statutory representative, guardian, conservator, personal representative, attorney for a fiduciary, or an attorney for a ward or protected person must timely disclose to the court and the other parties any reasonable belief that the projected cost of complying with a court order may exceed the likely benefit to the ward, protected person, decedent's estate, or trust.
(b) Orders. If appropriate and if consistent with due process, the court may enter or modify orders to protect or further the best interests of the ward, protected person, decedent's estate, or trust.
(c) Market Rates. In appointing a fiduciary, attorney, guardian ad litem, or statutory representative, in ruling on or considering a budget objection, and in ruling on a request to substitute a court-appointed fiduciary, attorney, guardian ad litem, or statutory representative, the court and the fiduciary should not pay more than market rates for a good or service.
(d) Competitive Bids. At any stage of the proceedings, the court may require competitive bids for goods or services.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020. Amended on an emergency basis Aug. 25, 2021, effective Sept. 29, 2021, adopted on a permanent basis effective Jan. 1, 2022.
17B A. R. S. Rules Probate Proc., Rule 34, AZ ST PROB Rule 34
State Court Rules are current with amendments received through March 1, 2024. The Code of Judicial Administration is current with amendments received through February 15, 2024.
End of Document