A.R.S. tit. 14 ch. 1 — Arizona Revised Statutes Title 14 Chapter 1 — General Provisions, Definitions And Probate Jurisdiction Of Courts

14-1101. Training A judicial officer presiding over proceedings brought pursuant to this title must participate in training as prescribed by the supreme court. 14-1102. Purposes; rule of construction A. This title shall be liberally construed and applied to promote its underlying purposes and policies. B. The underlying purposes and policies of this title are: 1. To simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons. 2. To discover and make effective the intent of a decedent in distribution of his property. 3. To promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors. 4. To promote a speedy, efficient and inexpensive system for resolving disputes under chapter 5 of this title while ensuring that the due process and other constitutional rights of the persons subject to such proceedings are protected. 5. To provide just and appropriate remedies for parties who incur damages as the result of vexatious conduct, as defined by court rule, or other unreasonable conduct, during proceedings brought pursuant to this title, without impinging on the rights of individuals who are the subject of proceedings under chapter 5 of this title. 6. To facilitate use and enforcement of certain trusts. 7. To make uniform the law among the various jurisdictions. 14-1103. Supplementary general principles of law applicable Unless displaced by the particular provisions of this title, the principles of law and equity supplement its provisions. 14-1104. Prudent management of costs In a proceeding brought pursuant to this title: 1. The fiduciary must prudently manage costs, preserve the assets of the ward or protected person for the benefit of the ward or protected person and protect against incurring any costs that exceed probable benefits to the ward, protected person, decedent's estate or trust, except as otherwise directed by a governing instrument or court order. 2. A guardian ad litem, fiduciary, fiduciary's attorney and attorney for the ward or protected person have a duty to: (a) Act in the best interest of the ward or protected person. (b) Avoid engaging in excessive or unproductive activities. (c) Affirmatively assess the financial cost of pursuing any action compared to the reasonably expected benefit to the ward or protected person. 3. Market rates for goods and services are a proper, ongoing consideration for the fiduciary and the court during the initial court appointment of a fiduciary or attorney and relating to a request to substitute a court-appointed fiduciary or attorney. 14-1105. Remedies for unreasonable conduct; definitions A. If the court finds that a decedent's estate or trust has incurred professional fees or expenses as a result of unreasonable conduct, the court may order the person who engaged in the conduct or the person's attorney, or both, to pay the decedent's estate or trust for some or all of the fees and expenses as the court deems just under the circumstances. B. In a guardianship or conservatorship case, if the court finds that a ward or protected person has incurred professional fees or expenses as a result of unreasonable conduct, the court may order the person who engaged in the conduct or the person's attorney, or both, to pay the ward or protected person for some or all of the fees and expenses as the court deems just under the circumstances. C. The remedies allowed pursuant to this section are in addition to any other civil remedy or any other provision of law. The remedies allowed pursuant to this section may be invoked to mitigate the financial burden on a ward, protected person, decedent's estate or trust incurred as a result of unjustified court proceedings or unreasonable or excessive demands made on a fiduciary, fiduciary's attorney, court-appointed attorney, guardian ad litem or representative. D. For the purposes of this section: 1. "Court-appointed attorney" means an attorney appointed pursuant to section 14-5303, subsection C, section 14-5310, subsection C, section 14-5401.01, subsection C or section 14-5407, subsection B. 2. "Fiduciary" means an agent under a durable power of attorney, an agent under a health care power of attorney, a guardian, a conservator, a personal representative, a trustee or a guardian ad litem. 3. "Person who engaged in the conduct" includes a fiduciary, an attorney or a guardian ad litem. 4. "Professional" means an accountant, an attorney, a fiduciary, a physician, a psychologist, a registered nurse, a guardian ad litem or an expert witness. 5. "Professional fees or expenses" includes the fiduciary's fees and expenses and the fiduciary's attorney fees and expenses, as well as the fees and expenses of any other professionals hired by the fiduciary or the fiduciary's attorney. 14-1106. Effect of fraud and evasion If fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid or circumvent the provisions or purposes of this title, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person, other than a bona fide purchaser, benefiting from the fraud, whether innocent or not. Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate. 14-1107. Determination of death and status; rules In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply: 1. A determination of death must be made in accordance with accepted medical standards. 2. A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date and time of death and the identity of the decedent. 3. A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report. 4. In the absence of prima facie evidence of death under paragraph 2 or 3, the fact of death may be established by clear and convincing evidence, including circumstantial evidence. 5. A person whose death is not established under paragraphs 1 through 4, who is absent for a continuous period of five years, during which time that person has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. That person's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier. 6. In the absence of evidence disputing the time of death stated on a document described in paragraph 2 or 3, a document described in paragraph 2 or 3 that states a time of death one hundred twenty hours or more after the time of death of another person, however the time of death of the other person is determined, establishes by clear and convincing evidence that the person survived the other person by one hundred twenty hours. 14-1108. Arbitration of disputes; alternative dispute resolution In a proceeding brought pursuant to this title the court may require arbitration of a dispute pursuant to the requirements of section 12-133, subsections B through L, or order alternative dispute resolution. 14-1109. Repetitive filings; summary denial If an interested person files a motion or petition that requests the same or substantially similar relief to the relief requested in another motion or petition filed by the same interested person within the preceding twelve months and if the later filed motion or petition does not describe in detail a change in fact or circumstance that supports the requested relief, the court may summarily deny the motion or petition without a response or objection being filed and without a hearing or oral argument being set. 14-1110. Probate advisory panel; membership; duties; annual report (Rpld. 1/1/28) A. The probate advisory panel is established in the office of the governor. The panel consists of the following members who are appointed to staggered four-year terms: 1. Two public members who are guardians or conservators of an adult child or a sibling who is a ward. The president of the senate and the speaker of the house of representatives, in consultation with the minority leader of the senate and the minority leader of the house of representatives, shall each appoint one member. 2. Two public members who are guardians or conservators of a family member other than an adult child or sibling of the guardian or conservator. The president of the senate and the speaker of the house of representatives, in consultation with the minority leader of the senate and the minority leader of the house of representatives, shall each appoint one member. 3. Two members who are advocates for family members who have been parties to an adult guardianship or conservatorship matter in this state. The president of the senate and the speaker of the house of representatives, in consultation with the minority leader of the senate and the minority leader of the house of representatives, shall each appoint one member. 4. One public fiduciary who is licensed pursuant to section 14-5651 and who is from a county with a population of less than five hundred thousand persons. The governor shall appoint this member. 5. One fiduciary, other than a public fiduciary, who is licensed pursuant to section 14-5651 and who is from a county with a population of more than five hundred thousand persons. The governor shall appoint this member. 6. One attorney who has a minimum of four years' experience in guardianship and conservatorship proceedings. The governor shall appoint this member. 7. One judicial officer who has a minimum of two years' experience presiding over guardianship and conservatorship proceedings and who is from a county with a population of more than five hundred thousand persons. The chief justice of the supreme court shall appoint this member. 8. One clerk of the superior court. The chief justice of the supreme court shall appoint this member. B. The panel: 1. Shall select a chairperson at its first quarterly meeting. 2. Shall hold public hearings at least quarterly, or at the call of the chairperson, on how to improve the adult guardianship and conservatorship laws through statutory changes. 3. When the panel finds it appropriate, may consult with medical professionals including neuropsychologists, psychologists or psychiatrists. 4. On or before November 15 of each year, shall submit a report of its findings and recommendations to the governor, the speaker of the house of representatives, the president of the senate and the chief justice of the supreme court. The panel shall provide a copy of each report to the secretary of state. C. Panel members are not eligible for compensation or reimbursement of expenses. 14-1201. Definitions In this title, unless the context otherwise requires: 1. "Agent" includes an attorney-in-fact under a durable or nondurable power of attorney, a person who is authorized to make decisions concerning another person's health care and a person who is authorized to make decisions for another person under a natural death act. 2. "Application" means a written request to the registrar for an order of informal probate or appointment under chapter 3, article 3 of this title. 3. "Basis for compensation" means an hourly rate, a fixed fee or a contingency fee agreement and reimbursable costs. 4. "Beneficiary", as it relates to a trust beneficiary, includes a person who has any present or future interest, vested or contingent, and includes the owner of an interest by assignment or other transfer. As it relates to a charitable trust, beneficiary includes any person entitled to enforce the trust. As it relates to a beneficiary of a beneficiary designation, beneficiary refers to a beneficiary of an insurance or annuity policy, an account with pay on death designation, a security registered in beneficiary form or a pension, profit sharing, retirement or similar benefit plan, or any other nonprobate transfer at death. As it relates to a beneficiary designated in a governing instrument, beneficiary includes a grantee of a deed, a devisee, a trust beneficiary, a beneficiary of a beneficiary designation, a donee, appointee or taker in default of a power of appointment and a person in whose favor a power of attorney or a power held in any person, fiduciary or representative capacity is exercised. 5. "Beneficiary designation" refers to a governing instrument naming a beneficiary of an insurance or annuity policy, of an account with pay on death designation, of a security registered in beneficiary form or of a pension, profit sharing, retirement or similar benefit plan, or any other nonprobate transfer at death. 6. "Certified paper original" means a tangible medium that contains both the text of an electronic will and any self-proving affidavit concerning the electronic will and that is accompanied by an affidavit that is executed pursuant to section 14-2523. 7. "Child" includes a person who is entitled to take as a child under this title by intestate succession from the parent whose relationship is involved. Child excludes a person who is only a stepchild, a foster child, a grandchild or a more remote descendant. 8. "Claims", in respect to estates of decedents and protected persons, includes liabilities of the decedent or the protected person, whether arising in contract, in tort or otherwise, and liabilities of the estate that arise at or after the death of the decedent or after the appointment of a conservator, including funeral expenses and expenses of administration. Claims do not include estate or inheritance taxes or demands or disputes regarding title of a decedent or a protected person to specific assets alleged to be included in the estate. 9. "Community property" means that property of a husband and wife that is acquired during the marriage and that is community property as prescribed in section 25-211. 10. "Conservator" means a person who is appointed by a court to manage the estate of a protected person. 11. "Court" means the superior court. 12. "Dependent child" means a minor child whom the decedent was obligated to support or an adult child who was in fact being supported by the decedent at the time of the decedent's death. 13. "Descendant" means all of the decedent's descendants of all generations, with the relationship of parent and child at each generation. 14. "Devise", when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will. 15. "Devisee" means a person designated in a will to receive a devise. For the purposes of chapter 3 of this title, in the case of a devise to an existing trust or trustee, or to a trustee on trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees. 16. "Disability" means cause for a protective order as described in section 14-5401. 17. "Distributee" means any person who has received property of a decedent from that person's personal representative other than as a creditor or purchaser. Distributee includes a testamentary trustee only to the extent of distributed assets or increment that remains in that person's hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. For the purposes of this paragraph, "testamentary trustee" includes a trustee to whom assets are transferred by will, to the extent of the devised assets. 18. "Electronic" means having electrical, digital, magnetic, optical, electromagnetic or similar capabilities. 19. "Electronically present" means two or more individuals who are in different physical locations and who are communicating by means of technology that enables all individuals to see and hear each other in real time to the same extent as if the individuals were physically present in the same location. 20. "Electronic record" means a record that is created, generated, sent, communicated, received or stored by electronic means. 21. "Electronic signature" means an electronic method or process that does both of the following: (a) Is attached to or logically associated with an electronic record and that is executed or adopted by a person with the intent to sign the electronic record. (b) Uses a security procedure that allows a determination that the electronic signature was all of the following: (i) Unique to the person using it. (ii) Capable of verification. (iii) Under the sole control of the person making the electronic signature. (iv) Linked to the electronic record to which the electronic signature relates in a manner so that if the electronic record is changed the electronic signature is invalidated. 22. "Electronic will" means a testamentary instrument that is executed and maintained on an electronic medium and that is executed in compliance with section 14-2518. 23. "Estate" includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. As it relates to a spouse, the estate includes only the separate property and the share of the community property belonging to the decedent or person whose affairs are subject to this title. 24. "Exempt property" means that property of a decedent's estate that is described in section 14-2403. 25. "Fiduciary" includes a personal representative, guardian, conservator and trustee. 26. "Foreign personal representative" means a personal representative who is appointed by another jurisdiction. 27. "Formal proceedings" means proceedings that are conducted before a judicial officer with notice to interested persons. 28. "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with pay on death designation, security registered in beneficiary form, pension, profit sharing, retirement or similar benefit plan, instrument creating or exercising a power of appointment or power of attorney or supported decision-making agreement or a dispositive, appointive or nominative instrument of any similar type. 29. "Guardian" means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment but excludes a person who is merely a guardian ad litem. 30. "Guardian ad litem" includes a person who is appointed pursuant to section 14-1408. 31. "Heirs", except as controlled by section 14-2711, means persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a decedent. 32. "Incapacitated person" has the same meaning prescribed in section 14-5101. 33. "Informal proceedings" means those proceedings conducted without notice to interested persons by an officer of the court acting as a registrar for probate of a will or appointment of a personal representative. 34. "Interested person" includes any trustee, heir, devisee, child, spouse, creditor, beneficiary, person holding a power of appointment and other person who has a property right in or claim against a trust estate or the estate of a decedent, ward or protected person. Interested person also includes a person who has priority for appointment as personal representative and other fiduciaries representing interested persons. Interested person, as the term relates to particular persons, may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding. 35. "Issue" of a person means descendant as defined in this section. 36. "Joint tenants with the right of survivorship" and "community property with the right of survivorship" includes co-owners of property held under circumstances that entitle one or more to the whole of the property on the death of the other or others but excludes forms of co-ownership registration in which the underlying ownership of each party is in proportion to that party's contribution. 37. "Lease" includes any oil, gas or other mineral lease. 38. "Letters" includes letters testamentary, letters of guardianship, letters of administration and letters of conservatorship. 39. "Minor" means a person who is under eighteen years of age. 40. "Mortgage" means any conveyance, agreement or arrangement in which property is encumbered or used as security. Mortgage does not include leases or easements. 41. "Nonresident decedent" means a decedent who was domiciled in another jurisdiction at the time of the decedent's death. 42. "Organization" means a corporation, limited liability company, business trust, estate, trust, partnership, joint venture, association, government or governmental subdivision or agency or any other legal or commercial entity. 43. "Original will" means either an original paper will or a certified paper original of an electronic will. 44. "Paper will" means a testamentary instrument that is executed and maintained on a tangible medium and that is executed in compliance with section 14-2502 or 14-2503. 45. "Parent" includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent or grandparent. 46. "Payor" means a trustee, insurer, business entity, employer, government, governmental agency or subdivision or any other person who is authorized or obligated by law or a governing instrument to make payments. 47. "Person" means an individual or an organization. 48. "Personal representative" includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status. A general personal representative excludes a special administrator. 49. "Petition" means a written request to the court for an order after notice. 50. "Proceeding" includes action at law and suit in equity. 51. "Property" has the same meaning prescribed in section 14-10103. 52. "Protected person" has the same meaning prescribed in section 14-5101. 53. "Protective proceeding" has the same meaning prescribed in section 14-5101. 54. "Qualified custodian" means a person who fulfills the requirements of section 14-2520. 55. "Registrar" means the official of the court who is designated to perform the functions of registrar as provided in section 14-1307. 56. "Security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under that title or lease, collateral trust certificate, transferable share or voting trust certificate and, in general, includes any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of these securities. 57. "Separate property" means that property of a husband or wife that is the spouse's separate property as defined in section 25-213. 58. "Settlement", in reference to a decedent's estate, includes the full process of administration, distribution and closing. 59. "Special administrator" means a personal representative as described by sections 14-3614 through 14-3618. 60. "State" has the same meaning prescribed in section 14-10103. 61. "Successor personal representative" means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. 62. "Successors" means persons, other than creditors, who are entitled to property of a decedent under a will or this title. 63. "Supervised administration" refers to the proceedings described in chapter 3, article 5 of this title. 64. "Survive" means that a person has neither predeceased an event, including the death of another person, nor is deemed to have predeceased an event under section 14-2104 or 14-2702. 65. "Tangible medium" means a medium on which information may be inscribed by writing, typing, printing or similar means and that is perceivable by reading directly from the medium on which the information is inscribed. 66. "Testacy proceeding" means a proceeding to establish a will or determine intestacy. 67. "Testator" includes a person of either sex. 68. "Trust" includes an express trust, private or charitable, with any additions, wherever and however created. Trust also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. Trust excludes other constructive trusts and excludes resulting trusts, conservatorship, personal representatives, trust accounts, custodial arrangements pursuant to chapter 7, article 7 of this title, business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions or employee benefits of any kind, trusts created by a city or town for the payment of medical insurance, health care benefits or expenses, long-term or short-term disability, self insurance reserves and similar programs administered by a city or town, legal defense trusts and any arrangement under which a person is nominee or escrowee for another. 69. "Trustee" includes an original, additional or successor trustee, whether or not appointed or confirmed by the court. 70. "Ward" has the same meaning prescribed in section 14-5101. 71. "Will" includes a codicil and any testamentary instrument that merely appoints a personal representative, revokes or revises another will, nominates a guardian or conservator, or both, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. A will may be a paper will or an electronic will. 14-1301. Territorial application Except as otherwise provided in this title, the title applies to: 1. The affairs and estates of decedents, missing persons and persons to be protected, domiciled in this state. 2. The property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state. 3. Incapacitated persons and minors in this state. 4. Multiple-party accounts in this state. 5. Trusts subject to administration in this state. This title does not apply to property of Indians within the jurisdiction of their tribal courts or to lands held in trust by the United States for Indians. 14-1302. Subject matter jurisdiction 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 general jurisdiction 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 jurisdiction to: 1. Enforce orders against a fiduciary by contempt proceedings. 2. Compel action by a fiduciary by body attachment. 3. Hear and determine related claims by or against fiduciaries, protected persons or incapacitated persons by or against third parties, including claims for malpractice, breach of contract, personal injury, wrongful death, quiet title and breach of fiduciary duty. 14-1303. Venue; multiple proceedings; transfer A. Where a proceeding under this title could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed. B. If proceedings concerning the same estate, protected person, ward or trust are commenced in more than one county of this state, the court in the county in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided; and if the ruling court determines that venue is properly in another county, it shall transfer the proceeding to the other county. C. If a court finds that in the interest of justice a proceeding or a file should be located in another county of this state, the court making the finding may transfer the proceeding or file to the other county. 14-1304. Practice in court Unless specifically provided to the contrary in this title or unless inconsistent with its provisions, the rules of probate procedure govern formal proceedings under this title. 14-1305. Records and certified copies The clerk of the court shall keep a record for each decedent, ward, protected person or trust involved in any document which may be filed with the court under this title including petitions and applications, demands and any orders or responses relating thereto by the registrar or court, and establish and maintain a system for indexing, filing or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law the clerk must issue certified copies of any probated wills, letters issued to personal representatives, or any other record or paper filed or recorded. Certificates relating to probated wills must indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. Certificates relating to letters must show the date of appointment. Certified copies of letters shall not be issued if the appointment is terminated or the letters are suspended or revoked. 14-1306. Jury trial A. If duly demanded, a party is entitled to trial by jury in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury. B. If there is no right to trial by jury under subsection A of this section or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only. 14-1307. Registrar; powers The acts and orders which this title specifies as performable by the registrar shall be performed by a judge, the clerk of the court, a court commissioner or any of such at the selection of the presiding judge of the county designated by the court by a written order filed and recorded in the office of the clerk of the court. 14-1310. Oath or affirmation on filed documents Except as otherwise specifically provided in this title or by rule, each document filed with the court or furnished to an interested person under this title including applications, petitions, demands for notice, claims, inventories and accounts shall be deemed to include an oath, affirmation or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed. Each document filed with the court or furnished to an interested person under this title is material and may subject the person executing or filing such document to penalties relating to perjury and subornation of perjury. 14-1311. Standard of proof and burden of persuasion Except as otherwise provided in this title, the standard of proof required in a judicial proceeding brought pursuant to this title is the preponderance of evidence. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof. 14-1401. Notice; method and time of giving A. If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice shall be given either: 1. By mailing a copy thereof at least fourteen days before the time set for the hearing by certified or registered mail addressed to the person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known. 2. By delivering a copy thereof to the person being notified personally at least fourteen days before the time set for the hearing. 3. If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, or when otherwise required under this title, by publishing at least three times before the date set for the hearing a copy thereof in a newspaper having general circulation in the county where the hearing is to be held, the first publication of which is to be at least fourteen days before the hearing. B. The court for good cause shown may provide for a different method or time of giving notice for any hearing. C. Proof of the giving of notice shall be made at or before the hearing and filed in the proceeding. 14-1401.01. Notice to attorney general Whenever it appears by suggestion of any interested person or the court that no taker of the estate exists, either at the commencement of or during proceedings under this title, notification of such proceedings shall be given to the attorney general. 14-1402. Notice; waiver A person, including a guardian ad litem, conservator or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding. 14-1403. Pleadings In formal proceedings involving trusts or estates of decedents, minors, protected persons or incapacitated persons, interests to be affected must be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interests or in some other appropriate manner. 14-1404. Representation; basic effect A. Notice to a person who may represent and bind another person under this article has the same effect as if notice were given directly to the other person. B. Except as otherwise provided in section 14-10602, subsection E, a person who under this article may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf. The consent of a person who may represent and bind another person under this article is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective. C. For the purposes of this section, notice to a person must include any document required to be sent to a person pursuant to this article. D. A person who receives notice on behalf of another person pursuant to this section is not liable to the other person unless the person who receives notice is grossly negligent or acts or fails to act with the intent to harm the other person. 14-1405. Representation by holder of general power of appointment The holder of a general power of appointment, including a general testamentary power of appointment, may represent and bind persons whose interests, as permissible appointees, takers in default or otherwise, are subject to the power. 14-1406. Representation by fiduciaries and parents To the extent there is no material conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute: 1. A conservator may represent and bind the estate that the conservator controls. 2. A guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed. 3. An agent who has authority to act with respect to the particular question or dispute may represent and bind the principal. 4. A trustee may represent and bind the beneficiaries of the trust. 5. A personal representative of a decedent's estate may represent and bind persons interested in the estate. 6. A parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed, except that the parent may not represent the child to consent to a modification or a termination of a trust if the parent is the settlor of the trust. 14-1407. Representation by person having substantially identical interest Unless otherwise represented, a minor, incapacitated person, unborn child or person whose identity or location is unknown and not reasonably ascertainable may be represented by and bound by another person who has a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no material conflict of interest between the representative and the person represented with respect to the particular question or dispute. 14-1408. Appointment of guardian ad litem At any point in a proceeding brought under this title, the court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated, unborn or unascertained person or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, the court may appoint a guardian ad litem to represent several persons or interests. In its order appointing the guardian ad litem, the court shall state the basis for the appointment.