Stewart v. Travers

OPINION

LANKFORD, Judge.

¶ 1 This appeal raises two issues relating to decedents’ estates. The first issue is whether the decedent’s former spouse was an ascertainable creditor entitled to actual *334notice of probate proceedings. The second issue is whether or not the time for filing a motion for relief from judgment is a “statute of limitations” subject to extension by statute.

¶2 We hold that the decedent’s former husband was entitled to actual notice of the probate proceedings. Additionally, because Arizona Rules of Civil Procedure 60(c) is not a statute of limitations, the trial court erred…