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 request the jury trial properly, and 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, but 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, which can be useful in emotionally charged cases involving family disputes or contested inheritances. But the final decision remains with the court.