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Arizona
Law
Arizona Revised Statutes
Title 14Arizona Revised Statutes Title 14
Decedent's Estates, Guardianships, Protective Proceedings and Trusts
For an overview and explanation of Arizona probate law, see the article entitled "Arizona Probate - Frequently Asked Questions."
| Chapter 1 | GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURTS |
| Article 1 | General Provisions |
| 14-1102 | Purposes; rule of construction |
| 14-1103 | Supplementary general principles of law applicable |
| 14-1106 | Effect of fraud and evasion |
| 14-1107 | Determination of death and status; rules |
| 14-1108 | Acts by holder of general power |
| Article 2 | Definitions |
| 14-1201 | Definitions |
| Article 3 | Scope, Jurisdiction and Courts |
| 14-1301 | Territorial application |
| 14-1302 | Subject matter jurisdiction |
| 14-1303 | Venue; multiple proceedings; transfer |
| 14-1304 | Practice in court |
| 14-1305 | Records and certified copies |
| 14-1306 | Jury trial |
| 14-1307 | Registrar; powers |
| 14-1310 | Oath or affirmation on filed documents |
| Article 4 | Notice, Parties and Representation in Estate Litigation and Other Matters |
| 14-1401 | Notice; method and time of giving |
| 14-1401.01 | Notice to attorney general |
| 14-1402 | Notice; waiver |
| 14-1403 | Pleadings; when parties bound by others; notice |
| Chapter 2 | INTESTATE SUCCESSION AND WILLS |
| Article 1 | Intestate Succession |
| 14-2101 | Intestate estate; modification by will |
| 14-2102 | Intestate share of surviving spouse |
| 14-2103 | Heirs other than surviving spouse; share in estate |
| 14-2104 | Heirs; surviving of decedent; time requirement; presumption; exception |
| 14-2105 | Unclaimed estate; passage to state |
| 14-2106 | Passing of estate by representation; assigning of shares; definitions |
| 14-2107 | Kindred by half blood; right of inheritance |
| 14-2108 | After born heirs; requirements |
| 14-2109 | Advancements of property during lifetime; effect on distribution of estate |
| 14-2110 | Debts owed to a decedent; effect on distribution of estate |
| 14-2111 | Effect of alienage on distribution of estate |
| 14-2113 | Heirs related to decedent through two lines; single share |
| 14-2114 | Parent and child relationship; intestate succession; adopted children |
| Article 2 | Waiver of Rights of Spouse |
| 14-2207 | Rights of surviving spouse; waiver; requirements; effect |
| Article 3 | Spouse and Children Unprovided for in Will |
| 14-2301 | Entitlement of spouse; premarital will |
| 14-2302 | Omitted children; shares; definition |
| Article 4 | Exempt Property and Allowances |
| 14-2401 | Applicable law |
| 14-2402 | Homestead allowance |
| 14-2403 | Exempt property; value; priority |
| 14-2404 | Family allowance; use; length; priority; termination by death |
| 14-2405 | Homestead; exempt property and allowances; restriction; source; determination; documentation |
| Article 5 | Wills |
| 14-2501 | Who may make a will |
| 14-2502 | Execution; witnessed wills; holographic wills |
| 14-2503 | Holographic will |
| 14-2504 | Self proved wills; sample form; signature requirements |
| 14-2505 | Witnesses; requirements |
| 14-2506 | Execution; choice of law |
| 14-2507 | Revocation of will; requirements |
| 14-2508 | Change of circumstances; effect on will |
| 14-2509 | Revoking a subsequent will; effect; reviving a revoked will; requirements |
| 14-2510 | Incorporating outside document into a will; requirements |
| 14-2511 | Testamentary additions to trusts; requirements; effect of revocation |
| 14-2512 | Disposition of property by reference to acts of independent significance |
| 14-2513 | References to separate lists; requirements |
| 14-2514 | Contracts regarding wills; requirements; effect |
| 14-2516 | Custodian of will; duties; liability |
| 14-2517 | Penalty clause for contest; restriction |
| Article 6 | Rules of Construction |
| 14-2601 | Scope of article |
| 14-2602 | Passage of existing and after-acquired property by will |
| 14-2603 | Substitute gifts; class gifts; definitions |
| 14-2604 | Failure of testamentary provision; effect |
| 14-2605 | Securities increase in value after death; effect; exception |
| 14-2606 | Right to specific devises; unpaid proceeds of sale, condemnation or insurance; sale by conservator or agent |
| 14-2607 | Specific devise; nonexoneration |
| 14-2608 | Exercise of power of appointment |
| 14-2609 | Satisfaction of a devise during the testator's life; requirements; valuation |
| Article 7 | Governing Instruments |
| 14-2701 | Scope of article |
| 14-2702 | Devisees; surviving of testator; requirement; exception |
| 14-2703 | Choice of law; effect on governing instrument |
| 14-2704 | Power of appointment; exercise by reference; presumption |
| 14-2705 | Adopted children; children born out of wedlock; class gifts |
| 14-2706 | Failure of beneficiary to survive decedent; effect; protection from liability; third parties; definitions |
| 14-2707 | Future interests; trusts; distribution date; passage of property; alternative future interest; definitions |
| 14-2708 | Class gifts to descendants, issue or heirs of the body; form of distribution if none specified |
| 14-2709 | Property distribution by representation or per capita at each generation; distribution per stirpes; application of section; definitions |
| 14-2710 | Worthier title doctrine; nonrecognition |
| 14-2711 | Distribution to heirs; effect |
| Article 8 | Disqualification |
| 14-2802 | Effect of divorce, annulment and decree of separation |
| 14-2803 | Murder of decedent; effect; federal law; definitions |
| 14-2804 | Termination of marriage; effect; revocation of probate and nonprobate transfers; federal law; definitions |
| Article 9 | Nonvested Interests |
| 14-2901 | Nonvested property interest; general power of appointment; validity; exception |
| 14-2902 | Nonvested property interest or power of appointment; creation |
| 14-2903 | Reformation of a disposition plan; conditions |
| 14-2904 | Statutory rule against perpetuities; exclusion |
| 14-2905 | Nonvested property interest or power of appointment; creation; effective date; judicial reformation |
| 14-2906 | Rule against perpetuities; supersession |
| 14-2907 | Honorary trusts; trusts for pets; conditions |
| Chapter 3 | PROBATE OF WILLS AND ADMINISTRATION |
| Article 1 | General Provisions |
| 14-3101 | Devolution of estate at death; administration on deaths of husband and wife |
| 14-3102 | Necessity of statement or order of probate for will; exception |
| 14-3103 | Necessity of appointment for administration |
| 14-3104 | Claims against decedent; necessity of administration |
| 14-3105 | Proceedings affecting devolution and administration; jurisdiction of subject matter |
| 14-3107 | Scope of proceedings; proceedings independent; exception |
| 14-3108 | Probate, testacy and appointment proceedings; ultimate time limit |
| 14-3109 | Statutes of limitation on decedent's cause of action |
| 14-3110 | Action by or against personal representative; survival of causes of action |
| Article 2 | Venue for Probate and Administration; Priority to Administer; Demand for Notice |
| 14-3201 | Venue for first and subsequent estate proceedings; location of property |
| 14-3202 | Appointment or testacy proceedings; conflicting claim of domicile in another state |
| 14-3203 | Priority among persons seeking appointment as personal representative |
| 14-3204 | Demand for notice of order or filing concerning decedent's estate |
| Article 3 | Informal Probate and Appointment Proceedings |
| 14-3301 | Informal probate or appointment proceedings; application; contents |
| 14-3302 | Informal probate; duty of registrar; effect of informal probate |
| 14-3303 | Informal probate; proof and findings required |
| 14-3304 | Informal probate; unavailable in certain cases |
| 14-3305 | Informal probate; registrar not satisfied |
| 14-3306 | Informal probate; notice requirements |
| 14-3307 | Informal appointment proceedings; delay in order; duty of registrar; effect of appointment |
| 14-3308 | Informal appointment proceedings; proof and findings required |
| 14-3309 | Informal appointment proceedings; registrar not satisfied |
| 14-3310 | Informal appointment proceedings; notice requirements |
| 14-3311 | Informal appointment unavailable in certain cases |
| Article 4 | Formal Testacy and Appointment Proceedings |
| 14-3401 | Formal testacy proceedings; nature; when commenced |
| 14-3402 | Formal testacy or appointment proceedings; petition; contents |
| 14-3403 | Formal testacy proceeding; notice of hearing on petition |
| 14-3404 | Formal testacy proceedings; written objections to probate |
| 14-3405 | Formal testacy proceedings; uncontested cases; hearings and proof |
| 14-3406 | Formal testacy proceedings; contested cases; testimony of attesting witnesses |
| 14-3407 | Formal testacy proceedings; burdens in contested cases |
| 14-3408 | Formal testacy proceedings; will construction; effect of final order in another jurisdiction |
| 14-3409 | Formal testacy proceedings; order; foreign will |
| 14-3410 | Formal testacy proceedings; probate of more than one instrument |
| 14-3411 | Formal testacy proceedings; partial intestacy |
| 14-3412 | Formal testacy proceedings; effect of order; vacation |
| 14-3413 | Formal testacy proceedings; vacation of order for other cause |
| 14-3414 | Formal proceedings concerning appointment of personal representative |
| 14-3415 | Lost and missing wills; wills probated in other jurisdictions |
| Article 5 | Supervised Administration |
| 14-3501 | Supervised administration; nature of proceeding |
| 14-3502 | Supervised administration; petition; order |
| 14-3503 | Supervised administration; effect on other proceedings |
| 14-3504 | Supervised administration; powers of personal representative |
| 14-3505 | Supervised administration; interim orders; distribution and closing orders; annual accounts; accounting on closing |
| Article 6 | Personal Representative; Appointment, Control and Termination of Authority |
| 14-3601 | Qualification |
| 14-3602 | Acceptance of appointment; consent to jurisdiction |
| 14-3603 | Bond required; exceptions |
| 14-3604 | Bond amount; security; procedure; reduction |
| 14-3606 | Terms and conditions of bonds |
| 14-3607 | Order restraining personal representative |
| 14-3608 | Termination of appointment; general |
| 14-3609 | Termination of appointment; death or disability |
| 14-3610 | Termination of appointment; voluntary |
| 14-3611 | Termination of appointment by removal; cause; procedure |
| 14-3612 | Termination of appointment; change of testacy status |
| 14-3613 | Successor personal representative |
| 14-3614 | Special administrator; appointment |
| 14-3615 | Special administrator; who may be appointed |
| 14-3616 | Special administrator; appointed informally; powers and duties |
| 14-3617 | Special administrator; formal proceedings; power and duties |
| 14-3618 | Termination of appointment; special administrator |
| Article 7 | Duties and Powers of Personal Representatives |
| 14-3701 | Time of accrual of duties and powers |
| 14-3702 | Priority among different letters |
| 14-3703 | General duties; relation and liability to persons interested in estate; standing to sue |
| 14-3704 | Personal representative to proceed without court order; exception |
| 14-3705 | Duty of personal representative; information to heirs and devisees |
| 14-3706 | Duty of personal representative; inventory and appraisement |
| 14-3707 | Employment of appraisers |
| 14-3708 | Duty of personal representative; supplementary inventory |
| 14-3709 | Duty of personal representative; possession of estate; discovery of concealed assets |
| 14-3710 | Power to avoid transfers; action to set aside fraudulent conveyances |
| 14-3711 | Powers of personal representatives; in general |
| 14-3712 | Improper exercise of power; breach of fiduciary duty |
| 14-3713 | Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions |
| 14-3714 | Persons dealing with personal representative; protection |
| 14-3715 | Transactions authorized for personal representatives; exceptions |
| 14-3716 | Powers and duties of successor personal representative |
| 14-3717 | Co representatives; when joint action required |
| 14-3718 | Powers of surviving personal representative |
| 14-3719 | Compensation of personal representative |
| 14-3720 | Expenses in estate litigation |
| 14-3721 | Proceedings for review of employment of agents and compensation of personal representatives and employees of estate |
| 14-3722 | Compensation of appointees |
| Article 8 | Creditors' Claims |
| 14-3801 | Notice to creditors |
| 14-3802 | Statute of limitations |
| 14-3803 | Limitations on presentation of claims |
| 14-3804 | Manner of presentation of claims |
| 14-3805 | Priority of claims |
| 14-3806 | Allowance of claims |
| 14-3807 | Payment of claims |
| 14-3808 | Individual liability of personal representative |
| 14-3809 | Secured claims |
| 14-3810 | Claims not due and contingent or unliquidated claims |
| 14-3811 | Counterclaims |
| 14-3812 | Execution and levies prohibited |
| 14-3813 | Compromise of claims |
| 14-3814 | Encumbered assets |
| 14-3815 | Administration in more than one state; duty of personal representative |
| 14-3816 | Final distribution to domiciliary representative |
| Article 9 | Special Provisions Relating to Distribution |
| 14-3901 | Successors' rights if no administration |
| 14-3902 | Distribution; order in which assets appropriated; abatement |
| 14-3903 | Right of retainer |
| 14-3904 | Interest on general pecuniary devise |
| 14-3906 | Distribution in kind; valuation; method |
| 14-3907 | Distribution in kind; evidence |
| 14-3908 | Distribution; right or title of distributee |
| 14-3909 | Improper distribution; liability of distributee |
| 14-3910 | Purchasers from distributees or transferees protected |
| 14-3911 | Partition for purpose of distribution |
| 14-3912 | Private agreements among successors to decedent binding on personal representative |
| 14-3913 | Distributions to trustee |
| 14-3914 | Disposition of unclaimed assets |
| 14-3915 | Distribution to person under disability |
| Article 10 | Closing Estates |
| 14-3931 | Formal proceedings terminating administration; testate or intestate; order of general protection |
| 14-3932 | Formal proceedings terminating testate administration; order construing will without adjudicating testacy |
| 14-3933 | Closing estates; statement of personal representative |
| 14-3934 | Liability of distributees to claimants |
| 14-3935 | Limitations on proceedings against personal representative |
| 14-3936 | Limitations on actions and proceedings against distributees |
| 14-3937 | Certificate discharging liens securing fiduciary performance |
| 14-3938 | Subsequent administration |
| Article 11 | Compromise of Controversies |
| 14-3951 | Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons |
| 14-3952 | Procedure for securing court approval of compromise |
| Article 12 | Transfer of Title to Small Estates by Affidavit and Summary Administration Procedure |
| 14-3971 | Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property |
| 14-3972 | Effect of affidavit |
| 14-3973 | Small estates; summary administrative procedure |
| 14-3974 | Small estates; closing by sworn statement of personal representative |
| Chapter 4 | FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION |
| Article 1 | Definitions |
| 14-4101 | Definitions |
| Article 2 | Powers of Foreign Personal Representatives |
| 14-4201 | Payment of debt and delivery of property to domiciliary foreign personal representative without local administration |
| 14-4202 | Payment or delivery discharges |
| 14-4203 | Resident creditor notice |
| 14-4204 | Proof of authority and bond |
| 14-4205 | Powers |
| 14-4206 | Power of representatives in transition |
| 14-4207 | Ancillary and other local administrations; provisions governing |
| Article 3 | Jurisdiction Over Foreign Representatives |
| 14-4301 | Jurisdiction by act of foreign personal representative |
| 14-4302 | Jurisdiction by act of decedent |
| 14-4303 | Service on foreign personal representative |
| Article 4 | Judgments and Personal Representative |
| 14-4401 | Effect of adjudication for or against personal representative |
| Chapter 5 | PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY |
| Article 1 | General Provisions |
| 14-5101 | Definitions |
| 14-5102 | Jurisdiction of subject matter; consolidation of proceedings |
| 14-5103 | Facility of payment or delivery |
| 14-5104 | Delegation of powers by parent or guardian |
| 14-5105 | Bond of guardian |
| 14-5106 | Disclosure requirements for proposed guardians and conservators; restrictions by local rules |
| 14-5107 | Military member power of attorney; definition |
| 14-5108 | Guardianship of foreign citizens |
| Article 2 | Guardians of Minors |
| 14-5201 | Status of guardian of minor; general |
| 14-5202 | Testamentary appointment of guardian of minor |
| 14-5203 | Objection by minor of fourteen or older to testamentary appointment |
| 14-5204 | Court appointment of guardian of minor; conditions for appointment |
| 14-5205 | Court appointment of guardian of minor; venue |
| 14-5206 | Court appointment of guardian of minor; qualifications; priority of minor's nominee; fingerprints |
| 14-5207 | Formal appointment of guardian of minor; procedure |
| 14-5208 | Consent to service by acceptance of appointment; notice |
| 14-5209 | Powers and duties of guardian of minor |
| 14-5210 | Termination of appointment of guardian; general |
| 14-5211 | Proceedings subsequent to appointment; venue |
| 14-5212 | Resignation or removal proceedings |
| Article 3 | Guardians of Incapacitated Persons |
| 14-5301 | Testamentary appointment of guardian for incapacitated person |
| 14-5302 | Venue |
| 14-5303 | Procedure for court appointment of a guardian of an alleged incapacitated person |
| 14-5304 | Findings; order of appointment; limitations; filing |
| 14-5305 | Acceptance of appointment; consent to jurisdiction |
| 14-5306 | Termination of guardianship for incapacitated person |
| 14-5307 | Removal or resignation of guardian; termination of incapacity |
| 14-5308 | Court appointed investigators; qualifications; duties |
| 14-5309 | Notices in guardianship proceedings |
| 14-5310 | Temporary guardians; appointment; notice; court appointed attorney hearings; duties |
| 14-5310.01 | Adult protective services workers; special visitation warrants |
| 14-5311 | Who may be guardian; priorities |
| 14-5312 | General powers and duties of guardian |
| 14-5312.01 | Inpatient treatment; rights and duties of ward and guardian |
| 14-5312.02 | Conversion of guardianship for gravely disabled person; evaluation reports |
| 14-5313 | Proceedings subsequent to appointment; venue |
| 14-5314 | Compensation of appointees |
| 14-5315 | Guardian reports; contents |
| Article 4 | Protection of Property of Persons Under Disability and Minors |
| 14-5401 | Protective proceedings |
| 14-5401.01 | Temporary conservators; appointment; notice; hearings |
| 14-5402 | Protective proceedings; jurisdiction of affairs of protected persons |
| 14-5403 | Venue |
| 14-5404 | Original petition for appointment or protective order |
| 14-5405 | Notice in conservatorship proceedings |
| 14-5406 | Protective proceedings; request for notice; interested person |
| 14-5407 |