When a Jury Can Decide Probate Disputes
Most probate matters are decided by a judge. But when a factual dispute arises and a party has a constitutional right to a jury trial on that issue, this statute preserves that right. The party must demand a jury trial properly. The disputed question must be one of fact, not purely a question of law.
If duly demanded, a party is entitled to trial by jury in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.
A.R.S. § 14-1306(A)Will contests are the most common situation where this comes up. When someone challenges a will based on undue influence, fraud, or lack of testamentary capacity, those factual questions can be decided by a jury if one is properly requested.
Advisory Juries in Probate
Even when there is no constitutional right to a jury, or when that right has been waived, the judge still has the option of calling one. In those situations, the jury hears the evidence and delivers a verdict. However, the judge is not bound by it.
If there is no right to trial by jury under subsection A of this section or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
A.R.S. § 14-1306(B)An advisory jury can still be valuable. It gives the judge a sense of how everyday people view the evidence. This can be useful in emotionally charged cases involving family disputes or contested inheritances. But the final decision remains with the court.
What This Means for Families
Understanding this right matters under the probate code. If you are involved in a will contest or other disputed probate matter, knowing that you can demand a jury trial on factual issues gives you an important option.
Not every probate dispute qualifies for a jury. Questions about how to interpret the law are decided by the judge alone. But when the facts themselves are in dispute, a jury can play a role in reaching a fair outcome.