Probate and Mental Health
At any given time, there are more than 20,000 active and/or pending probate cases in Maricopa County, with more than 500 new cases being filed each month. While the term “probate” typically refers to the establishment of the validity of a will, judges and commissioners assigned to the Probate and Mental Health Department oversee a broad variety of case types in addition to decedents’ estates; including guardianships, conservatorships, adult adoptions, and mental health matters pursuant to a Petition for Court-Ordered Evaluation or Petition for Court Ordered Treatment.
Judges and Commissioners assigned to the Probate and Mental Health Department oversee over 9,000 active guardianship cases, over $500 million in conservatorship assets, and over 3,000 active orders for treatment.
Glossary of Common Terms
Provided is a listing of court related terms, defined to help you with the filing of your forms, or just a better understanding of details relating to your case. To locate your definition, click on the initial letter of the word or phrase you are searching for.
Also available is a Frequently Asked Questions section.
You may also be eligible to receive a FREE consultation with a volunteer attorney through the Probate Lawyers Assistance Project (PLAP).
In order for a guardian and/or conservator to be appointed, an adult person must be deemed to be “incapacitated”, thereby meaning that he/she lacks sufficient understanding or capacity to make or communicate responsible decisions concerning oneself or finances.
Informal probate refers to those estates where the will is uncontested. This method rarely involves a Judge or Commissioner. If there is a dispute amongst the heirs, or the validity of the will, proceeding with the formal probate process may be necessary.
Formal probate is when the requirements for an informal probate are not satisfied and a Judge or Commissioner is needed to resolve any disputes.
Mental Health proceedings are overseen by the courts at Valleywise Health's Behavioral Health Centers in Mesa, Phoenix, and Maryvale, at the Arizona State Hospital, and downtown court complex. These proceedings include hearings on Petitions for Court-Ordered Evaluation, Court-Ordered Treatment, Annual Reviews, and Judicial Reviews.
Visit AZCourtCare to better understand the treatment options for a person with a serious mental health disorder who is unable or unwilling to get help for themselves.
Adult Adoption proceedings exist for those situations in which one adult person wishes to adopt another adult person, formalizing the relationship of parent and child, with all parties consenting to this legal adoption.
For more information, please review the Adult Adoption forms and procedures.
Are you interested in Volunteering?
The Guardian Review Program was established to assist the court with monitoring the quality of care for those persons who have been placed under a Guardianship/Conservatorship in Maricopa County.
The backbone of this operation is the group of compassionate volunteers who give their time to visit with those vulnerable adults, reporting back to the court about the quality of care the wards are receiving, and educating guardians and conservators about their responsibilities in that role.
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