Q: How do I reference statutes, in a petition for formal probate?
My father passed away in March 2018. He did not leave a will. He was in a 2nd marriage. I am his natural daughter. He has 2 other natural daughters(my two sisters). According to Arizona law (this is where my father lived), the order of heirs is: Spouse, then Natural Children. Spouse get's half of decedents property, and Natural Children get 1/2 of decedents property. His spouse (my step mother) has not divided property. She has taken control of everything. Even sentimental items! She has not given us (Natural Children) anything. She cut off all contact with us. I'm looking for help on how to file formal probate, so that she will have to report to the court, and follow the law.On the courts website, they have forms for Informal Probate. However, for Informal Probate, I need a signature from my fathers spouse. Obviously, I cannot get this, because she has cut off all contact with me. So I need to file a formal petition. The courts website doesn't have formal petition forms.
A: You can reference statutes in a petition by quoting the relevant portion of the statute and providing a cite in the form of "A.R.S. § 14-XXXX" after the quotation. Quoting is optional, but generally helpful to the parties and judge in understanding your position.
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