Connecting the Probate Legal Community: Highlights from the April 2025 Bench/Bar Conference

By Kent Berk on April 16th, 2025 in PROBATE LITIGATION

The Maricopa County Superior Court’s Probate and Mental Health Division held its quarterly Bench/Bar Conference on April 15, 2025, continuing its commitment to foster open dialogue and collaboration between the Maricopa County probate, trust and estate bench and bar. These meetings are a key opportunity for legal professionals in the probate field to receive updates, share concerns, and participate in shaping the future of probate proceedings in Maricopa County Superior Court.  The meeting was led by Hon. Commissioner Vanessa Smith.

Key Takeaways from the April 2025 Session

While the discussions ranged widely, the main highlights included:

• • Appointment Procedures: Practitioners should now use the pre-signed (Judge Fink) Order to and Acknowledgment for appointments of a Guardian (G), Conservator (C), or Personal Representative (PR). Clients should sign the Acknowledgment. The document should be filed with the Clerk—not lodged with the judicial officer—so it is visible on the docket for the Commissioner at the time of hearing.
  • Orders Submission: In an effort to conserve paper, most judicial officers (JOs) prefer that proposed orders be emailed rather than lodged. There is no longer a need to provide envelopes. Once signed, copies must be distributed to all interested parties—so remember to assign and complete that task.
  • Relocation Notice: All probate judicial officers are moving exclusively to the Old Courthouse. No probate Judges or Commissioners will be located at any other facilities effective June 30,2025.
  • E-Filing Update: The court aims to be eFile-ready by the end of summer. However, initial filings (e.g., case initiation documents, ) are not yet included, as procedures for handling originals are still being finalized.
  • Judicial Changes: Based on resource assessments, the Maricopa County Probate Division is gaining a judicial officer.  Hon. Commissioner Joseph Rhoades will be rotating off the probate division. Hon. Judges Andrew Russell and Geoffrey Fish (the new position), previously Commissioners assigned to the probate division, will be rotating back into probate.
  • Calendar Management: Due to the addition of a probate judicial officer, each of the eight probate JOs (other than Judge Fink) will maintain equal calendars and retain their trials, regardless of trial length.
  • Accountings Process: The court is exploring the idea of emailing conformed copies of accountings to the Court Accountants, to reduce paper usage, but no final decision has been made.
  • Letters of Appointment: These must match the appointing order. It is best practice to include this language in the order: “IT IS FURTHER ORDERED that the Clerk is directed to issue letters as follows: **.”
  • Special Administrator Requests: In informal applications for the appointment of a Special Administrator, it is only necessary to request the appointment to “protect and preserve” the estate. Additional justifications (e.g., to access a safe deposit box) are unnecessary.
  • Forms and Templates:
    • A new Health Professional Report form—which includes voting rights—has been released.
    • Revised self-help forms for informal probate are complete.
    • Updated self-help Guardianship/Conservatorship (GC) forms are forthcoming.
  • Registrar Filing Requirements: In informal filings involving a pourover will, practitioners must include the relevant pages of the trust to identify the trustee.

Next Bench/Bar Conference Details

Mark your calendars for the next session:

• Date: July 15, 2025
• Time: 12:30 PM
• Location: Commissioner Smith’s courtroom via Microsoft Teams (“Court Connect”)
• Join Link: Click here to join the meeting
• Dial-in Option: 1-917-781-4590 | Conference ID: 738 643 491#

These quarterly conferences are an excellent platform to stay informed, voice your perspective, and build relationships within the probate legal community. We encourage all probate practitioners, from experienced litigators to newly admitted attorneys, to attend and contribute.

Stay engaged. Stay connected. We look forward to seeing you in July!