How Notice Can Be Waived
Not every party in a probate case needs or wants to receive formal notice of each hearing. Arizona law allows interested persons to voluntarily waive that right, streamlining proceedings when everyone involved is already aware of what is happening.
A person, including a guardian ad litem, conservator or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding.
A.R.S. § 14-1402The statute covers not just individuals but also guardians ad litem, conservators, and other fiduciaries acting on behalf of someone else. Each of these representatives can sign a waiver, provided it is filed as part of the court record.
Why This Matters in Practice
Waiving notice can speed things up considerably. In cases where all parties agree on how the estate should be handled, requiring formal fourteen-day notice for every hearing adds unnecessary delay. A signed waiver lets the court move forward without waiting out the notice period.
That said, a waiver should never be signed under pressure. The right to notice exists to protect parties from decisions being made without their knowledge. Anyone considering a waiver should understand what proceedings they are waiving notice for and what decisions may be made at those hearings.
For families working cooperatively through an estate settlement, the ability to waive notice is a practical tool that keeps the process moving at a reasonable pace.