Arizona Supreme Court

In Re Estate of McGathy

December 2, 2010246 P.3d 628

Summary

The court held that an order finally disposing of a formal proceeding within an unsupervised probate administration is appealable under A.R.S. § 12-2101(J), even though the estate itself has not been formally closed. It distinguished the rule applicable to supervised administrations, in which orders before the final decree are interlocutory, and remanded for consideration of the appeal. The court also disapproved the contrary limitation previously stated by the court of appeals.