{"id":159,"date":"2019-03-22T08:40:52","date_gmt":"2019-03-22T15:40:52","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/probate\/?p=159"},"modified":"2024-07-31T10:28:56","modified_gmt":"2024-07-31T17:28:56","slug":"how-to-reopen-probate-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/probate\/blog\/how-to-reopen-probate-arizona\/","title":{"rendered":"How to Reopen a Closed Probate Case in Arizona"},"content":{"rendered":"

Introduction<\/h2>\n

In the state of Arizona, probate law is dictated by the Uniform Probate Code<\/a> and ARS Title 14<\/a>.<\/p>\n

While closing an estate<\/a> is meant to be final and conclusive, there are circumstances that may warrant reopening probate. When determining if it\u2019s necessary to reopen probate, the judge will assess the petitioner\u2019s reasoning, evidence, and whether or not the claim falls within the statute of limitations for reopening probate.<\/p>\n

Reopening Probate to Correct an Error<\/h4>\n

Probate judges have the right to file a motion for reopening probate if they need to correct an error of fact or law in the original decision. If the discovery is made more than three years after the original decision, the judge\u2019s motion will need to assert that the error of fact or law would result in a manifest injustice if uncorrected.<\/p>\n

If an interested party to the estate discovers an error, he or she will need to file a petition within three years of the original decision and no more than one year after the discovery. The court may accept a petition more than three years after the original decision if the uncorrected error would result in a manifest injustice, but the petition must still be filed within one year of the petitioner\u2019s discovery of the alleged error.<\/p>\n

Any petition filed by an interested party needs to fully set forth the grounds for reopening probate, and evidence of when the alleged error was discovered. If the grounds for reopening probate are based on alleged errors of fact, the petition will need to be supported by an affidavit.<\/p>\n

Reopening Probate Based on a New Discovery<\/h4>\n

Interested parties may be able to reopen probate based on a new discovery that occurred after probate was closed. In such cases, the interested party needs to file a petition to reopen probate within two years of the decedent\u2019s passing or within one year of the estate\u2019s closing, whichever deadline occurs first. There are a number of discoveries that can warrant reopening probate. Here are the four most common situations:<\/p>\n