ARS 12-2101(J) Interpretation
In In re Estate of McGathy, 226 Ariz. 277, 246 P.3d 628 (2010), the supreme court analyzed A.R.S. 12-2101(J), which confers jurisdiction over appeals "from a judgment, decree or order entered in any formal proceedings under title 14 probate orders." Id. at 277,1, 246 P.3d at 628 (first alteration in original).
The court held that an order completely resolving a particular petition is appealable notwithstanding the fact that the case may be ongoing. Id. at 280,17, 246 P.3d at 631.
The court's reasoning in McGathy applies with just as much force to orders resolving post-decree petitions.
Permitting an appeal from an order completely disposing of a particular petition is proper when the petition raises a new claim.
In McGathy, the supreme court relied on an analogy between a probate petition and a civil complaint to support its conclusion that an order completely resolving a petition is appealable. Id. at 279,13, 246 P.3d at 630. the court embraced this analogy because a petition in a probate matter commences an action on the issues it raises, the party filing it must provide notice to all interested parties, and the petition generally controls the scope of the action. Id.