§ 13.6 CIVIL LITIGATION IN THE CONTEXT OF A PROBATE MATTER

• Jurisdiction: Arizona

§ 13.6 Civil Litigation in the Context of a Probate Matter

Civil claims are sometimes resolved in probate court as a result of either, first, the consolidation of a civil action with a probate matter or, second, the filing of a civil cause of action in an existing probate case. See generally, Ariz. R. Prob. P. 4(B).

Consolidation commonly occurs because all civil causes of action, with a few specific exceptions, "survive the death of the person entitled thereto or liable therefor, and may be asserted by or against the personal representative of such person." A.R.S. § 14-3110. An example of a consolidated matter is a wrongful death and/or neglect of a vulnerable adult complaint brought against a nursing home by a personal representative that is later consolidated with the decedent's estate. The probate court's authority to...