Ellis v. Valley National Bank

609 P.2d 1073, 125 Ariz. 373, 1980 Ariz. App. LEXIS 426
CourtCourt of Appeals of Arizona
DecidedFebruary 26, 1980
DocketNo. 1 CA-CIV 4438
StatusPublished
Cited by35 cases

This text of 609 P.2d 1073 (Ellis v. Valley National Bank) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ellis v. Valley National Bank, 609 P.2d 1073, 125 Ariz. 373, 1980 Ariz. App. LEXIS 426 (Ark. Ct. App. 1980).

Opinion

OPINION

EUBANK, Presiding Judge.

This appeal involves the procedure under the Arizona Probate Code (Code), A.R.S. §§ 14-1102 et seq. for commencing a formal testacy proceeding to set aside the informal probate of a will.

Madge Torstenson (the decedent) died on March 2, 1976. Her will and two codicils were admitted to informal probate later that month. In June 1976, appellants Ellis and Leiby, her daughters, filed a verified petition1 with the probate court in which they sought an order “[t]hat the said instruments be denied probate and declared not to be the Last Will and Testament or codicils of said deceased [Madge Torstenson].”

In March of 1978, appellants moved for leave to amend their petition, and the trial [375]*375court denied the motion. Appellees moved to dismiss the petition and in April of 1978 the court granted the motion and dismissed appellants’ action. It ruled that it lacked jurisdiction to grant the relief sought in the petition because appellants had not filed a formal testacy proceeding in compliance with A.R.S. § 14-3401 et seq. (see Uniform Probate Code (U.L.A.) § 3 — 401 et seq.) Appellants appeal from the dismissal judgment and the order awarding costs.

Appellants’ first contention is that the trial court erred in ruling that it lacked jurisdiction to grant the relief sought in their petition. We agree. A.R.S. § 14-1302 (see Uniform Probate Code (U.L.A.) § 1-302) defines the subject matter jurisdiction of the superior court in probate matters. It provides:

A. To the full extent permitted by the constitution, the court has jurisdiction over all subject matter relating to:
1. Estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons.
2. Protection of minors and incapacitated persons.
3. Trusts.
B. The court has full power to make orders, judgments and decrees and take all other action necessary and proper to administer justice in the matters which come before it including power to enforce orders against a fiduciary by contempt proceedings and to compel action by a fiduciary by body attachment.

In Gonzalez v. Superior Court, 117 Ariz. 64, 570 P.2d 1077 (1977) our Supreme Court said:

From the foregoing language [A.R.S. § 14-1302 (see Uniform Probate Code (U.L.A.) § 1-302)] we conclude that by enacting the new probate code the legislature intended to confer upon the Superior Court sitting in probate its full constitutional jurisdiction in matters which might arise affecting estates.

Id. at 66, 570 P.2d at 1079. Moreover, after appellants filed their petition, but before the trial court granted appellees’ motion to dismiss, the legislature amended A.R.S. § 14-3105 (see Uniform Probate Code (U.L.A.) § 3-105) in part to read:

The court has jurisdiction of any other action or proceeding concerning succession or to which an estate, through a personal representative, may be a party

Appellants’ petition contesting the will concerned succession and made Madge Torstenson’s estate a party through her personal representative, Valley National Bank. We therefore conclude that the trial court erred in ruling that it lacked jurisdiction over the matters raised in appellants’ petition.

By itself, the trial court’s error concerning its jurisdiction is not reversible error. Only errors which prejudice a party’s substantial rights justify reversing a trial court’s judgment. Seely v. McEvers, 115 Ariz. 171, 564 P.2d 394 (App.1977). If the trial court reaches the correct result on the merits for an erroneous reason, the error is harmless and its judgment must be affirmed. See In re Estate of Beaman, 119 Ariz. 614, 583 P.2d 270 (App.1978). For the reasons stated hereafter, we conclude the trial court correctly dismissed appellants’ petition, and we accordingly affirm the judgment and award of costs.

The decedent’s will was admitted to informal probate in March of 1976. “Informal probate is conclusive as to all persons until superseded by an order [entered] in a formal testacy proceeding,” (A.R.S. § 14-3302) (see Uniform Probate Code (U.L.A.) § 3-302). Thus an informal probate order can only be set aside by an order entered in a formal testacy proceeding. Effland, Arizona Probate Code Practice Manual, § 5-6 at page 5-10 (1973). The question before us then, is whether appellants properly commenced a formal testacy proceeding by filing their petition contesting the will in the informal probate.

“A formal testacy proceeding is litigation to determine whether a decedent left a valid will.” A.R.S. § 14-3401(A) (see Uniform Probate Code (U.L.A.) § 3 — 401). The Code provides that the proceeding is com[376]*376menced by filing a petition, and it prescribes the persons entitled to notice of the petition and the manner of giving them notice. See A.R.S. § 14-3403 (see Uniform Probate Code (U.L.A.) § 3-403).

A.R.S. § 14-3403(A) provides:

A. Upon commencement of a formal testacy proceeding, the clerk shall fix a time and place of hearing. Notice shall be given in the manner prescribed by § 14-1401 by the petitioner to the persons specified in this section and to any additional person who has filed a demand for notice under § 14-3204. Notice shall be given to the following persons: The surviving spouse, children and other hem of the decedent, the devisees and executors named in any will that is being, or has been, probated, or offered for informal or formal probate in the county, or that is known by the petitioner to have been probated, or offered for informal or formal probate in another jurisdiction, and any personal representative of the decedent whose appointment has not been terminated. Notice may be given to other persons. In addition, the petitioner shall give notice by publication in accordance with § 14-1401, subsection A, paragraph 3. (Emphasis added).

A.R.S. § 14-1401

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Cite This Page — Counsel Stack

Bluebook (online)
609 P.2d 1073, 125 Ariz. 373, 1980 Ariz. App. LEXIS 426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-valley-national-bank-arizctapp-1980.