Staying Current in Arizona Probate Court: Practical Takeaways from the July 2026 Bench-Bar Meeting
By Kent Berk on July 14th, 2026 in BLOG, Estate Litigation, Fiduciary Litigation, FINANCIAL EXPLOITATION, guardianship, LITIGATION, Probate, PROBATE LITIGATION, TRUST DISPUTES, undue influence
Probate, guardianship, and conservatorship cases are governed by statutes and court rules, but effective representation also requires understanding how those requirements operate in the courtroom.
Members of the Berk Law Group team regularly attend probate bench-bar meetings, continuing legal education programs, and other court-related events. These meetings provide valuable practical guidance directly from the judges and attorneys who work with Arizona probate matters every day.
The July 14, 2026, probate bench-bar meeting included several useful reminders for attorneys, fiduciaries, and families involved in Maricopa County, Arizona probate proceedings.
Minor Conservatorship Petitions May Require Supplemental Information
One important discussion concerned petitions seeking the appointment of a conservator for a minor.
The online petition form apparently does not specifically ask the petitioner to explain why a conservatorship is necessary. Nevertheless, that information must be provided to the Court. When using the online forms, the petitioner may therefore need to file a supplemental petition explaining why the requested conservatorship is necessary.
This is an important reminder that completing every field on a court form does not necessarily mean the filing contains everything the Court needs. Before submitting any petition, the attorney or petitioner should consider the governing statutes, court rules, local procedures, and the specific facts of the case.
The Maricopa County Superior Court maintains separate forms and instructions for the appointment of a conservator for a minor. The Court also cautions that its forms are continually revised and recommends checking regularly for updates.
Treat Virtual Hearings Like Courtroom Appearances
The judges also emphasized appropriate conduct during virtual hearings.
Participants should turn on their cameras unless the Court directs otherwise and should dress and conduct themselves as though they were physically present in the courtroom. Remote access changes the location of the hearing, not its seriousness.
Participants should also:
- Join early enough to address technical problems.
- Use a quiet and professional setting.
- Keep microphones muted when not speaking.
- Avoid distractions and interruptions.
- Have all necessary pleadings and documents readily available.
These details may seem minor, but preparation and professionalism can affect the Court’s ability to address a case efficiently.
If You Are Running Late, Notify the Court
Probate judges frequently schedule hearings in 15-minute increments. A delayed attorney or party can disrupt the Court’s calendar and inconvenience everyone involved.
If an unavoidable problem will make someone late, the judges requested that the attorney or participant promptly email the assigned judicial division. Giving notice does not guarantee that the Court will delay the hearing, but it is far better than simply failing to appear on time. Use common sense and common courtesy.
Use the Current Court Forms
There are new “Order to” forms signed by Presiding Probate Judge Fish. Practitioners should use the current form available through the Court rather than relying on an older version saved to a computer or case-management system. This is one reason our team regularly reviews court announcements and form updates. An outdated form can create unnecessary questions, delays, or additional work.
Changing a Guardian ad Litem Generally Requires a Motion
The meeting addressed how a party may ask the Court to remove or substitute a guardian ad litem, commonly called a “GAL,” in a guardianship or conservatorship matter.
Because the request is procedural, it may generally be presented through a motion rather than a new petition. The motion should explain the legal and factual basis for the requested change and comply with applicable notice and service requirements.
Whether a GAL should be removed or replaced will depend on the circumstances. Disagreement with a GAL’s position, standing alone, may not be sufficient. The Court will remain focused on the protected person’s interests and the GAL’s assigned role.
Urgent Filings Require Advance Planning
Another practical concern involved delays in electronic filing notifications. According to the discussion, it may take up to five days for the Court to receive notification of certain electronically filed petitions.
When a matter is genuinely urgent, paper filing may be available. Simply emailing an unconformed copy of a petition to the Court will not accelerate the process.
Emergency guardianship and conservatorship cases often involve immediate concerns about personal safety, medical care, financial exploitation, or the possible loss of assets. Counsel should identify the urgency early, select the proper filing procedure, and clearly explain why prompt judicial action is needed.
Status Conferences and New Evidence
The meeting also raised an important question about evidence at status conferences. What should happen when a material change occurs shortly before the conference? Should a party submit exhibits, make an offer of proof, or request a separate evidentiary hearing?
There may not be one answer for every case. A status conference is ordinarily intended to help the Court determine the posture of the case and what should happen next; it may not provide a proper opportunity to resolve disputed facts.
Depending on the circumstances, an attorney may need to notify the Court and the other parties, explain the development, and request appropriate relief, including an evidentiary hearing when necessary. Parties should not assume that disputed exhibits will automatically be admitted or considered during a routine status conference.
Do Not Bring Exhibits on a Thumb Drive
Thumb drives will not work with courtroom equipment. Maricopa County’s Probate Department uses Case Center for evidentiary hearings and trials. Attorneys and other professional representatives must upload exhibits through that system when directed to do so.
The Court provides detailed information about uploading, organizing, and presenting exhibits on its Probate Case Center resource page.
Technology should be tested before the hearing. Waiting until court begins to determine whether an exhibit can be opened or displayed creates avoidable delay and may interfere with its effective presentation.
Why Staying Current Matters
Probate litigation often involves urgent, emotionally difficult, and financially significant disputes. A family may be trying to protect a vulnerable adult, challenge the conduct of a trustee or conservator, preserve estate assets, or respond to an immediate threat of exploitation.
In those situations, knowing the law is essential and so is understanding current court procedures, filing practices, judicial expectations, and available technology.
Berk Law Group focuses on contested probate, trust, estate, guardianship, conservatorship, fiduciary, and vulnerable-adult exploitation matters throughout Arizona. Staying involved with the probate bench and bar helps our attorneys and paralegals remain informed about procedural developments that may affect our clients and their cases.
If you are involved in a contested Arizona probate, trust, guardianship, or conservatorship matter, contact Berk Law Group at 480-607-7900 or visit BerkLawGroup.com.
