Shields v. Shields

HATHAWAY, Judge.

Did the lower court err in dismissing a petition contesting a will after probate? This is the question to be resolved on this appeal.

The predicate for the appellees’ motions to ’dismiss was the fact that the contestant did not have citations issued until after expiration of six months from the date the decedent’s will was admitted to probate. They contended, and successfully, that this failure to issue citations within the six-month period deprived the probate court of jurisdiction. Their position was that A.RS. §§ 14-371 and 372 mandated such conclusion. A.R.S. § 14-371 in…