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A.R.S. § 14-3413

Vacating a Testacy Order for Cause

Verified April 4, 202657th Legislature, 1st Regular Session

A court may change or vacate a formal testacy order for good cause. The petition must be filed within the time allowed for appeal. This gives the court flexibility to fix errors not covered by section 14-3412.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

A Safety Valve for Unusual Circumstances

Section 14-3412 lists specific situations where a formal testacy order can be reopened. These include newly found wills, omitted heirs, and people who missed the original hearing.

But estate proceedings sometimes raise issues that do not fit those categories.

For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.

A.R.S. § 14-3413

The phrase "good cause" gives the court room to act when the facts call for it. The court is not limited to the specific scenarios in section 14-3412.

The key limit is timing. The petition must be filed within the appeal window. That window is much shorter than the deadlines in section 14-3412.

How This Fits Into the Broader Process

This statute works alongside section 14-3412, not as a replacement. If a situation fits one of that section's categories, that section controls the process and timeline.

Section 14-3413 covers issues that fall outside those defined categories but still deserve a second look. For example, this could include clerical errors, newly found evidence of fraud, or procedural problems that affected the outcome.

The "good cause" standard is flexible. However, the short filing deadline means prompt action is essential.

For families going through probate, this highlights the need to review court orders carefully and quickly. Before a closing statement is filed, there may still be time to act. Once the appeal window closes, the order is final.

For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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