Posted by
Keystone Law Firm
on 10/30/2023
What Is Rule 16 Of Probate Procedure In Arizona?
Going into court, you got to know what Rule 16 is of Arizona rules of the probate procedure. What is Rule 16? Rule 16 is what gets a lot of lawyers thrown out on their faces at the very first time they talk to a probate judge. Admittedly, we get caught once every few years now. Rule 16 is a very, very strict rule.
It says when you schedule that first hearing and when you first go into probate. If you want to try to administer somebody’s estate, you have to follow these really strict requirements. It is how you send out notice of that hearing to the rest of the world.
Probate is infamous for getting, for notifying long lost heirs and people crawling out of the woodwork. If you don’t do the things you’re supposed to do to send out those notices, then you’ll just get tossed out of court. The judge will say, try again, come back in a month or two months or whatever.
You got to know what Rule 16 is because it’s different for every kind of probate. There are so many different types. Probably a dozen different types of probates. They are just technical, small differences. You got to do different things before the hearing in order to get in front of the judge to be able to get things started. So, Rule 16: you don’t mess with.
Summary
Rule 16 is essential in Arizona probate proceedings. The rule sets strict requirements for schedules and communication with all relevant parties. You must follow these rules to avoid case dismissal or delays. Thus, Rule 16 may vary by probate type. To stress the gravity of this issue and warn against underestimating it, you must understand and follow this regulation.
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