Today’s probate bench‑bar was well attended (93 practitioners at one point) and packed with practical guidance from the court.  Thank you, Commissioner Vanessa Smith, for hosting and coordinating.

Below are the most important updates Arizona probate and fiduciary litigators should be aware of, especially heading into mid‑2026.

Judicial Rotations Effective June 19, 2026

Significant judicial rotation changes are coming this summer:

Judges Rotating Off

  • Judge Fink (retiring; thank you for your amazing service Judge Fink!)
  • Comm. Smith
  • Comm. Altieri
  • Comm. Yost

Presiding Judges

  • Judge Fish
  • Associate Presiding Judge
  • Judge LeMaire

New Judges Joining the Probate Bench

  • Judge Greene (currently sitting)
  • Judge Wein
  • Judge Carson
  • Judge Kiefer

Additional notes:

  • Mental Health (MH) assignments were discussed.

Case Center Is Live

Case Center is officially up and running.

  • Practitioners should set up accounts immediately.
  • Exhibits must be uploaded and managed directly in Case Center.
  • Do not wait until hearings to familiarize staff—exhibit management is now fundamental.

Pending Rule Change Petition – Deadline May 1, 2026

A critical rule change petition is currently open for comment. Deadline to respond: May 1, 2026.

Key Clarification: No Combining Civil Claims with Probate Pleadings

  • Do not combine civil complaints with probate petitions
    • Example:
      ❌ Complaint for financial exploitation + petition to appoint conservator
      ✅ Separate civil complaint + separate probate petition
  • Multiple probate petitions may be combined in one document only if they follow the same procedure.
  • Otherwise, file separate pleadings.

Best Practices for Submitting Proposed Orders

Courts strongly emphasized submitting clean, court‑ready proposed orders when e-filing (every filing after the case initiation):

  • Provide proposed orders in advance
  • File proposed orders through eFile
  • Upload Word documents:
    • ✅ As an “Order”
    • ❌ Not solely as an exhibit (courts cannot rule on exhibits)

Practical Tips

  • Make it easy for the court to simply click “Grant”
  • Include requested dates if a date must be inserted
  • If the order requires editing, courts must download, edit, print, sign and re‑upload.  Avoid that burden.
  • Upload orders as Word documents
  • Best practice, attach as an exhibit and upload separately as an order

Orders to Guardian, Conservator, Personal Representative

  • Use the Court’s signed (currently by Judge Fink) Order To…
  • Never convert a signed court order to your firm’s pleading paper—use the court form exactly as issued

Notices of Hearing (NOH): Common Pitfalls

Important reminders regarding Notices of Hearing:

  • Courts may issue an NOH without listing every petition
  • You must still mail notice of hearing on all pending petitions
  • Ensure the NOH covers every petition set for hearing
  • Always expressly request a hearing on all pending petitions when calling court administration

Informal Special Administrator Appointments

  • If seeking an informal special administrator appointment, you must submit an Order to Personal Representative, though the statutes do not specifically require it.

Court Forms Updated

  • Probate court forms have been updated
  • If you are using the Court forms, double‑check you are using the most current versions before filing
  • Again, you must use the Court forms “Orders To”

Accounting & Fiduciary Compliance: Key Court Guidance

Accounting Periods

  • Accounting begins on the inventory date
  • If a temporary fiduciary becomes permanent, accounting must go back to the temporary appointment date or earlier

Inventories

  • File an Amended Inventory if any discrepancy exists:
    • To adjust bond amounts
    • To reflect previously undisclosed unrestricted assets
    • Attach financial statements when newly discovered assets are accounts

Petitions to Approve Accounts & Fees

  • Rule 33: Simply request approval of  fees “paid” not those “incurred”
  • Court preference: Cash / fees‑paid basis, not accrual
  • If requesting approval of fees “incurred” (accrued), must also provide information for fees paid

Attachments

  • Invoices should be:
    • Attached as exhibits to the petition or
    • Filed as a separate document
  • Fee invoices are not confidential documents

Guidance from the Court Accountant

Court Accountant: Elise Jimenez
(Her slide deck will be distributed through the Maricopa County and State Bar of Arizona.)

Key takeaways:

  • Explain any change between inventory and first annual accounting
  • If no amended inventory was filed, clearly explain discrepancies
  • Add explanations directly in accounting
  • Ensure accounts are properly titled to the conservatorship
  • Confirm restrictions and proof; whether assets are:
    • Reported as restricted but not actually restricted, or
    • Restricted without proof filed
  • File Amended Budgets during the accounting period
    • Do not amend after—explain changes in notes instead
  • If a reported debt is later removed, explain why
  • Supplemental Notes are strongly encouraged
    • They increase approval likelihood
    • Reduce court questions and disapprovals
  • Provide bond analysis if available
  • Extraordinary fees must be fully explained
    • Litigation may be obvious
    • Behind‑the‑scenes work must be documented in both:
      • Fiduciary affidavit
      • Petition

Attorney & Outside Counsel Fees

  • All fees paid from conservatorship funds require court approval
  • Applies even when attorneys are not appearing in Title 14
  • A.R.S. § 14‑5109 does not apply if counsel is not entering a Title 14 appearance
  • Nevertheless, the conservator remains responsible for seeking approval
  • No legal requirement exists to approve a budget
  • Form 5 does not require a petition—the coversheet is incorrect

Final Takeaway

The court continues to emphasize clarity, explanation, and administrative efficiency. Providing clean filings, proactive explanations, and court‑ready orders is no longer optional.  It is essential to avoid delays, denials, and unnecessary hearings.

July Bench‑Bar: Judge Green and Comm. Smith will host (and then Judge Green going forward)

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