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This website allows you to electronically file and monitor court rule petitions and comments and to view existing rules of court, recent amendments of those rules, and pending rule petitions and comments. Any visitor to this site may view posts on this website, but to post a petition or comment you must register and log in. To view instructions on how to register and how to file a petition or comment, please visit our Frequently Asked Questions (FAQ) page. 
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Last Post 15 Apr 2019 09:04 AM by  Kay Radwanski
R-18-0044 Petition to Amend the Arizona Rules of Probate Procedure
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Yolanda Fox
New Member
Posts:8 New Member

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26 Dec 2018 11:44 AM
    Rebecca White Berch (Justice, ret.), Chair
    Task Force on the Arizona Rules of Probate Procedure, Petitioner
    1501 W. Washington St.
    Phoenix, AZ 85007
    602.452.3242
    mmeltzer@courts.az.gov

    Motion to Permit Additional Time for Filing a Rule Petition, with a Request for Expedited Consideration

    FILED: December 26, 2018


    IT IS ORDERED granting the Task Force’s Motion to Permit Additional Time for Filing a Rule Petition.

    IT IS FURTHER ORDERED that the Task Force file a rule petition in furtherance of Administrative Order No. 2017-133 no later than January 31, 2019, which petition shall be open for comment pursuant to Rule 28(D)(1).

    Would amend the Arizona Rules of Probate Procedure to conform to modern usage and to clarify and simplify language.
    Attachments
    Allyson Flanagan
    New Member
    Posts:23 New Member

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    31 Jan 2019 08:01 AM
    Rebecca White Berch (Justice, ret.), Chair
    Task Force on the Arizona Rules of Probate Procedure
    1501 West Washington Street, #410
    Phoenix AZ 85007
    602.452.3242
    mmeltzer@courts.az.gov

    This petition requests comprehensive amendments to the Arizona Rules of Probate Procedure.

    Comments must be submitted on or before May 1, 2019.

    Replies must be submitted on or before June 1, 2019.
    Attachments
    bfmember
    New Member
    Posts:2 New Member

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    18 Feb 2019 03:57 PM
    Emily Kile
    8727 E. Via De Commercio
    Scottsdale, AZ 85258
    Emily@kilekuplaw.com
    480-348-1590

    Rule 22 of the current rules allows the Court to approve a proof of restricted account that allows assets to be invested, rather than being FDIC insured. Rule 36 requires that all cases must use Form 10 for the proof of restricted accounts. Niether the Rule It is sed Forms. If Form 10 will require that all restricted accounts must be insured, incapacitated individual's financial investment opportunity will not exist and will harm incapacitated individuals. This is a bad outcome for these matters. Imagine having to cash out $1 million of investment so they can put in a CD or savings account. Besides the tax consequences of this action, the economic costs over the lifetime of this beneficiary may be detrimental. The cost to bond over a large amount of assets to avoid FDIC insured accounts is not a cost effective solution. While the Court may order a different restriction, it is unlikely that a financial institution will sign Form 10 if less restriction was ordered by the Court, such as allowing RMDs to be deposited to an unrestricted account or assets can remain invested in non FDIC insured accounts. I urge a change to the Rule that leaves the discretion of the Form used to the Court and does not require the use of Form 10.
    Kay Radwanski
    New Member
    Posts:12 New Member

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    15 Apr 2019 09:04 AM
    Kay Radwanski on behalf of the Committee on Superior Court
    Hon. David L. Mackey, Chair
    kradwanski@courts.az.gov
    602-452-3360

    On April 12, 2019, after hearing a presentation from the Hon. Jay Polk and the Hon. Patricia Norris (Ret.), the Committee on Superior Court, upon motion made and seconded, unanimously authorized Chairman Hon. David L. Mackey to file this comment on behalf of the committee.

    “The Committee on Superior Court supports Rule Petition R-18-0044, which proposes changes to the Arizona Rules of Probate Procedure. The committee recognizes the significant time and effort expended by the Probate Rules Task Force, under the leadership of its chair, Chief Justice Rebecca Berch (Ret.).”
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