Changes to Arizona probate law are approaching

By April 28, 2011Uncategorized

As last week’s story in the Arizona Republic aptly illustrated, changes to Arizona probate law are on the not too distant horizon.  This, of course, is not the first time we have discussed this topic on the blog, but until now we have relied heavily on speculation and conjecture.  As it now stands, however, the legislature has finally passed legislation that will have a significant impact on Arizona probate law, so assuming that the governor signs off on the new legislation, Arizona probate law is in for a change.

We have given much attention to SB 1499 and HB 2424 in previous posts, and as it turns out, both the Senate Bill and the House Bill passed with a few modifications from their original drafting.  If the governor approves the two bills, we can fully expect to see Arizona probate law tighten up in several important ways.

SB 1499 will bring the following changes to Arizona probate law:

  • It will require fiduciaries to provide their clients’ families with financial records.
  • It will limit temporary guardianships.
  • It will allow wards or their relatives to substitute guardians without cause.
  • It will mandate training for probate judges.
  • It will limit fiduciaries’ authority to spend their clients’ assets

HB 2424 will bring the following change to Arizona probate law:

  • Creates a review panel that takes complaints about Arizona probate law and reports annually to the governor.

The two bills are expected to change the landscape of Arizona probate law, which comes as welcomed by many throughout the state who believe that Arizona probate law has long been too lenient on fiduciaries.  We will discuss these bills in greater detail if and when the governor signs them into law.

If you have any more questions about Arizona probate law, call JacksonWhite to speak with an experienced  Arizona probate lawyer. (480) 818-6912