reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2101 - Intestate estate; modification by will

14-2101.
Intestate estate;  modification by will
A. Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this chapter,  except as modified by the decedent's will.
B. A decedent by will may expressly exclude or limit the right of a person or class to succeed to property of the decedent that passes by intestate succession. If that person or a member of that class survives the decedent,  the share of the decedent's intestate estate to which that person or class would have succeeded passes as if that person or each member of that class had disclaimed that person's intestate share.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2102 - Intestate share of surviving spouse

14-2102.
Intestate share of surviving spouse
The following part of the intestate estate,  as to both separate property and the one-half of community property that belongs to the decedent,  passes to the surviving spouse:
1. If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also,  the entire intestate estate.
2. If there are surviving issue one or more of whom are not issue of the surviving spouse,  one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2103 - Heirs other than surviving spouse; share in estate

14-2103.
Heirs other than surviving spouse;  share in estate
Any part of the intestate estate not passing to the decedent's surviving spouse under section 14-2102 or the entire intestate estate if there is no surviving spouse passes in the following order to the following persons who survive the decedent:
1. To the decedent's descendants by representation.
2. If there is no surviving descendant,  to the decedent's parents equally if both survive or to the surviving parent.
3. If there is no surviving descendant or parent,  to the descendants of the decedent's parents or either of them by representation.
4. If there is no surviving descendant,  parent or descendant of a parent,  but the decedent is survived by one or more grandparents or descendants of grandparents,  half of the estate passes to the decedent's paternal grandparents equally if both survive or to the surviving paternal grandparent or the descendants of the decedent's paternal grandparents or either of them if both are deceased with the descendants taking by representation. The other half passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side,  the entire estate passes to the decedent's relatives on the other side in the same manner as the half.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2104 - Heirs; surviving of decedent; time requirement; presumption; exception

14-2104.
Heirs;  surviving of decedent;  time requirement;  presumption;  exception
A. A person who does not survive the decedent by at least one hundred twenty hours is deemed to have predeceased the decedent for purposes of homestead allowance,  exempt property and intestate succession,  and the decedent's heirs are determined accordingly.
B. If it is not established by clear and convincing evidence that a person who would otherwise be an heir survived the decedent by at least one hundred twenty hours,  it is deemed that the individual failed to survive for the required period.
C. This section does not apply if its application would result in a taking of intestate estate by the state under section 14-2105.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2106 - Passing of estate by representation; assigning of shares; definitions

14-2106.
Passing of estate by representation;  assigning of shares;  definitions
A. If under section 14-2103,  paragraph 1 all or part of a decedent's intestate estate passes by representation to the decedent's descendants,  that estate is divided into as many equal shares as there are surviving descendants in the generation nearest to the decedent that contains one or more surviving descendants and to deceased descendants in the same generation who left any surviving descendants. Each surviving descendant in the nearest generation is allocated one share. Any remaining shares are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
B. If under section 14-2103,  paragraph 3 or 4 all or part of a decedent's intestate estate passes by representation to the descendants of either of the decedent's deceased parents or to the descendants of either of the decedent's deceased paternal or maternal grandparents,  all or part of the estate is divided into as many equal shares as there are surviving descendants in the generation nearest the deceased parents or either of them,  or the deceased grandparents or either of them,  that contains one or more surviving descendants and to deceased descendants in the same generation who left any surviving descendants. Each surviving descendant in the nearest generation is allocated one share. Any remaining shares are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
C. For the purposes of this section:
1. " Deceased descendant" ,  " deceased parent"  or " deceased grandparent"  means a descendant,  parent or grandparent who either predeceased the decedent or is deemed to have predeceased the decedent under section 14-2104.
2. " Surviving descendant"  means a descendant who neither predeceased the decedent nor is deemed to have predeceased the decedent under section 14-2104.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2109 - Advancements of property during lifetime; effect on distribution of estate

14-2109.
Advancements of property during lifetime;  effect on distribution of estate
A. If a person dies intestate as to all or a portion of that person's estate,  property the decedent gave during the decedent's lifetime to a person who,  at the decedent's death,  is an heir is treated as an advancement against the heir's intestate share only if the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement or if the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.
B. For the purposes of this section,  property advanced during the decedent's lifetime is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death,  whichever first occurs.
C. If the recipient of the property fails to survive the decedent the property is not taken into account in computing the division and distribution of the decedent's intestate estate unless the decedent's contemporaneous writing provides otherwise.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2110 - Debts owed to a decedent; effect on distribution of estate

14-2110.
Debts owed to a decedent;  effect on distribution of estate
A debt owed to a decedent is not charged against the intestate share of any person except the debtor. If the debtor fails to survive the decedent,  the debt is not taken into account in computing the intestate share of the debtor's descendants.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2113 - Heirs related to decedent through two lines; single share

14-2113.
Heirs related to decedent through two lines;  single share
A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the person to the larger share.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2114 - Parent and child relationship; intestate succession; adopted children

14-2114.
Parent and child relationship;  intestate succession;  adopted children
A. Except as provided in subsections B and C of this section,  for the purposes of intestate succession,  a person is the child of that person's natural parents,  regardless of their marital status. If this issue is in dispute the court shall establish that relationship under title 25,  chapter 6,  article 1.
B. An adopted person is the child of that person's adopting parent or parents and not of the natural parents. Adoption of a child by the spouse of either natural parent has no effect on the relationship between the child and that natural parent or on the right of the child or a descendant of the child to inherit from or through the other natural parent.
C. Inheritance from or through a child by either natural parent or the natural parent's kindred is precluded unless that natural parent has openly treated the child as a natural child and has not refused to support the child.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2207 - Rights of surviving spouse; waiver; requirements; effect

14-2207.
Rights of surviving spouse;  waiver;  requirements;  effect
A. A surviving spouse may waive the person's homestead allowance,  exempt property and family allowance rights in whole or in part either before or after marriage by a written contract,  agreement or waiver that is signed by the surviving spouse.
B. A surviving spouse's waiver is not enforceable if the surviving spouse provides that either of the following is true:
1. That person did not execute the waiver voluntarily.
2. The waiver was unconscionable when it was executed and before its execution that person:
(a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent.
(b) Did not voluntarily and expressly waive,  in writing,  any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided.
(c) Did not have,  or reasonably could not have had,  an adequate knowledge of the property or financial obligations of the decedent.
C. The issue of a waiver's unconscionability may only be decided by the court as a matter of law.
D. Unless it provides to the contrary,  a waiver that contains the words " all rights"  or equivalent language,  in relation to the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce,  is a waiver of all rights of homestead allowance,  exempt property and family allowance by each spouse in the property of the other and a renunciation by each of all benefits that would otherwise pass to each person from the other by intestate succession or by virtue of any will executed before the waiver or property settlement.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2301 - Entitlement of spouse; premarital will

14-2301.
Entitlement of spouse;  premarital will
A. If a testator's surviving spouse married the testator after the testator executed a will,  the surviving spouse is entitled to receive as an intestate share that is not less than the value of the share of the estate the spouse would have received if the testator had died intestate as to any portion of the testator's estate that neither is devised to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse nor is devised to a descendant of that child or that passes under section 14-2603 or 14-2604 to that child or to a descendant of that child,  unless:
1. It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse.
2. The will expresses the intention that it is to be effective notwithstanding any subsequent marriage.
3. The testator provided for the spouse by transfer outside the will and the intent that the transfer is in lieu of a testamentary provision is shown by the testator's statements or can be reasonably inferred from the amount of the transfer or other evidence.
B. In satisfying the share provided by subsection A of this section,  any devises made by the will to the testator's surviving spouse are applied first. Other devises abate pursuant to section 14-3902 unless the devise is to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or is a devise or substitute gift under section 14-2603 or 14-2604 to a descendant of that child.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2302 - Omitted children; shares; definition

14-2302.
Omitted children;  shares;  definition
A. Except as provided in subsection C of this section,  if a testator fails to provide by will for a child who is born or adopted after the testator executes the will,  the omitted child receives a share in the estate as follows:
1. If the testator had no child living when the testator executed the will,  an omitted child receives a share in the estate equal in value to what the child would have received if the testator had died intestate,  unless the will devised all or substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will.
2. If the testator had one or more children living when the testator executed the will and the will devised property or an interest in property to one or more of the then-living children,  an omitted child is entitled to share in the testator's estate as follows:
(a) The portion of the testator's estate in which the omitted child is entitled to share is limited to devises made to the testator's then-living children under the will.
(b) As limited under subdivision (a) of this paragraph,  the omitted child is entitled to receive the share of the testator's estate that the child would have received if the testator had included all omitted children with the children to whom devises were made under the will and had given an equal share of the estate to each child.
B. To the extent feasible,  the interest granted an omitted child under subsection A,  paragraph 2 of this section shall be of the same character,  whether equitable or legal,  present or future,  as that devised to the testator's then-living children under the will.
C. In satisfying a share prescribed by subsection A,  paragraph 2 of this section,  devises to the testator's children who were living when the will was executed abate ratably. In abating the devises of the then-living children,  the court shall preserve to the maximum extent possible the character of the testamentary plan adopted by the testator.
D. Subsection A of this section does not apply if either of the following is true:
1. It appears from the will that the omission was intentional.
2. The testator provided for the omitted child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or can be reasonably inferred from the amount of the transfer or other evidence.
E. If at the time the testator executed the will the testator fails to provide by will for a living child solely because the testator believes the child to be dead,  the child is entitled to share in the estate as if the child were an omitted after-born or after-adopted child.
F. In satisfying a share provided by subsection A,  paragraph 1 of this section,  devises made by the will abate under section 14-3902.
G. For the purposes of this section,  " omitted child"  means a child who was born or adopted after the testator executed a will.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2401 - Applicable law

14-2401.
Applicable law
This article applies to the estate of a decedent who dies domiciled in this state. Rights to homestead allowance,  exempt property and family allowance for a decedent who is not domiciled in this state at the time of death are governed by the law of the decedent's domicile at death.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2402 - Homestead allowance

14-2402.
Homestead allowance
A. A decedent's surviving spouse is entitled to a homestead allowance of eighteen thousand dollars. If there is no surviving spouse each minor child and each dependent child of the decedent are entitled to a homestead allowance of eighteen thousand dollars divided by the number of minor and dependent children of the decedent.
B. The homestead allowance is exempt from and has priority over all claims against the estate,  except expenses of administration.
C. The homestead allowance is chargeable against any benefit or share that passes to the surviving spouse or minor or dependent child by the decedent's will,  by nonprobate transfer pursuant to section 14-6102 or by intestate succession,  unless it is otherwise provided by the decedent's will or by the governing instrument for a nonprobate transfer. To determine the homestead allowance under this section,  a survivorship interest in a joint tenancy of real estate is considered a nonprobate transfer pursuant to section 14-6102.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2403 - Exempt property; value; priority

14-2403.
Exempt property;  value;  priority
A. In addition to the homestead allowance,  the decedent's surviving spouse is entitled from the estate to a value that is not more than seven thousand dollars in excess of any security interests in that estate in the following:
1. Household furniture.
2. Automobiles.
3. Furnishings.
4. Appliances.
5. Personal effects.
B. If there is no surviving spouse the decedent's minor and dependent children are entitled jointly to the same value as prescribed in subsection A of this section.
C. If encumbered chattels are selected and the value in excess of security interests and that of other exempt property is less than seven thousand dollars or if there is not seven thousand dollars worth of exempt property in the estate,  the spouse or minor or dependent children are entitled to any other assets of the estate to the extent necessary to make up the seven thousand dollar value.
D. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate except expenses of administration. The right to any assets to make up a deficiency of exempt property abates as necessary to permit earlier payment of the homestead allowance and family allowance. These rights are chargeable against any benefit or share passing to the surviving spouse or minor or dependent children by the decedent's will by a nonprobate transfer pursuant to section 14-6102 or by intestate succession,  unless otherwise provided by the decedent's will or by the governing instrument for a nonprobate transfer.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2404 - Family allowance; use; length; priority; termination by death

14-2404.
Family allowance;  use;  length;  priority;  termination by death
A. The decedent's surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration. This allowance shall not continue for longer than one year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse,  if living,  for the use of the surviving spouse and minor and dependent children. Otherwise this allowance is payable to the children or to persons who have the care and custody of these children. If a minor child or a dependent child is not living with the surviving spouse,  the allowance may be made partially to the child or the child's guardian or other person who has the care and custody of the child and partially to the spouse,  as their needs may appear.
B. The family allowance is exempt from and has priority over all claims except expenses of administration and except the homestead allowance.
C. The family allowance is chargeable against any benefit or share passing to the surviving spouse or children by the decedent's will,  by a nonprobate transfer pursuant to section 14-6102 or by intestate succession unless otherwise provided by the decedent's will or by the governing instrument for a nonprobate transfer.
D. The death of a person entitled to the family allowance terminates the right to allowances not yet paid.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2405 - Homestead; exempt property and allowances; restriction; source; determination; documentation

14-2405.
Homestead;  exempt property and allowances;  restriction;  source;  determination;  documentation
A. If the estate is otherwise sufficient,  property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction,  the surviving spouse,  guardians of minor children or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make those selections if the surviving spouse,  the children or the guardians of the minor children are unable or fail to do so within a reasonable time or if there is no guardian of a minor child.
B. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property.
C. The personal representative may determine the family allowance in a lump sum that does not exceed twelve thousand dollars or in periodic installments that do not exceed one thousand dollars per month for one year,  and may disburse monies of the estate in payment of the family allowance and any part of the homestead allowance payable in cash.
D. The personal representative or an interested person aggrieved by any selection,  determination,  payment,  proposed payment or failure to act under this section may petition the court for appropriate relief including a family allowance other than one that the personal representative determined or could have determined.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2502 - Execution of paper wills; witnessed wills; holographic wills; testamentary intent

14-2502.
Execution of paper wills;  witnessed wills;  holographic wills;  testamentary intent
A. Except as provided in sections 14-2503,  14-2506 and 14-2513,  a paper will shall be:
1. In writing.
2. Signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction.
3. Signed by at least two people,  each of whom signed within a reasonable time after that person witnessed either the signing of the will as described in paragraph 2 of this subsection or the testator's acknowledgment of that signature or acknowledgment of the will.
B. Intent that a tangible medium or an electronic record constitutes the testator's will can be established by extrinsic evidence,  including,  for holographic wills under section 14-2503,  portions of the document that are not in the testator's handwriting.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2505 - Witnesses; requirements; definition

14-2505.
Witnesses;  requirements;  definition
A. A person who is generally competent to be a witness may act as a witness to a will.
B. For any will executed on or after October 1,  2019,  unless the will is made self-proved as prescribed in section 14-2504 or 14-2519,  a person may not act as a witness to a will if that person is a devisee under that will or is related by blood,  marriage or adoption to a devisee under that will.
C. For the purposes of this section,  " devisee"  means a person who is designated in the will to receive a devise or who is a beneficiary of a trust that is designated in the will to receive a devise.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2506 - Execution; choice of law

14-2506.
Execution;  choice of law
A. A paper will is valid if it is executed in compliance with section 14-2502. An electronic will is valid if it is executed in compliance with section 14-2518.
B. Notwithstanding subsection A of this section,  a paper will or an electronic will is valid if its execution complies with the law at the time of execution of the place where the testator is physically present when the testator executes the will,  or of the law of the place where at the time of execution or at the time of death the testator is domiciled,  has a place of abode or is a national.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2507 - Revocation of will; requirements

14-2507.
Revocation of will;  requirements
A. A testator may revoke a will in whole or in part:
1. By executing a subsequent will that revokes the previous will or part expressly or by inconsistency.
2. By performing a revocatory act on the will if the testator performs the act with this intent or if another person performs the act in the testator's conscious presence and by the testator's direction. For the purposes of this paragraph,  " revocatory act on the will"  includes burning,  tearing,  canceling,  obliterating,  rendering unreadable or destroying the will or any part of it. A burning,  tearing or canceling is a revocatory act on the will whether or not the burn,  tear or cancellation touched any of the words on the will.
B. If a subsequent will does not expressly revoke a previous will,  the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.
C. The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence,  the previous will is revoked and only the subsequent will is operative on the testator's death.
D. The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence,  the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will and each will is fully operative on the testator's death to the extent the wills are not inconsistent.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2509 - Revoking a subsequent will; effect; reviving a revoked will; requirements

14-2509.
Revoking a subsequent will;  effect;  reviving a revoked will;  requirements
A. If a testator revokes a subsequent will that wholly revoked a previous will under section 14-2507,  subsection A,  paragraph 2,  the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed.
B. If a testator revokes a subsequent will that partly revoked a previous will under section 14-2507,  subsection A,  paragraph 2,  the revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed.
C. If a testator revokes a subsequent will that revoked a previous will in whole or in part by another later will,  the previous will remains revoked in whole or in part,  unless the testator revives it or its revoked part. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2510 - Incorporating outside document into a will; requirements

14-2510.
Incorporating outside document into a will;  requirements
A testator may incorporate a written document into the testator's will by reference if the following requirements are met:
1. The document exists at the time the testator executes the will.
2. The will's language manifests the testator's intent to incorporate this document.
3. The will's language describes the document with enough specificity to allow its identification.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2511 - Testamentary additions to trusts; requirements; effect of revocation

14-2511.
Testamentary additions to trusts;  requirements;  effect of revocation
A. A will may validly devise property to the trustee of a trust established or to be established:
1. During the testator's lifetime by the testator alone,  by the testator and some other person or by some other person,  including a funded or unfunded life insurance trust,  even if the settlor has reserved any or all rights of ownership of the insurance contracts.
2. At the testator's death by the testator's devise to the trustee if the trust is identified in the testator's will and its terms are set forth in a written instrument other than a will executed before,  concurrently with or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator,  regardless of the existence,  size or character of the corpus of the trust. The devise is not invalid because the trust is amendable or revocable or because the trust was amended after the execution of the will or after the testator's death.
B. Unless the testator's will provides otherwise,  property devised to a trust described in subsection A is not held under a testamentary trust of the testator but becomes a part of the trust to which it is devised and must be administered and disposed of in accordance with the provisions of the governing instrument that states the terms of the trust,  including any amendments made before or after the testator's death.
C. Unless the testator's will provides otherwise,  a revocation or termination of the trust before the testator's death causes the devise to lapse.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2512 - Disposition of property by reference to acts of independent significance

14-2512.
Disposition of property by reference to acts of independent significance
A will may dispose of property by reference to acts,  such as the execution or revocation of another person's will,  that have significance apart from their effect on the dispositions made by the will whether they occur before or after the execution of the will or before or after the testator's death.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2513 - References to separate lists; requirements

14-2513.
References to separate lists;  requirements
A. Notwithstanding section 14-2503 relating to holographic wills,  a will may refer to a written statement or list to dispose of items of tangible personal property other than money and not otherwise specifically disposed of by the will.
B. To be admissible under this section as evidence of the intended disposition,  the writing shall either be in the testator's handwriting or be signed by the testator and shall describe the items and the devisees with reasonable certainty.
C. The writing may be:
1. Referred to as one to be in existence at the time of the testator's death.
2. Prepared before or after the execution of the will.
3. Altered by the testator after its preparation.
4. A writing that has no significance apart from its effect on the dispositions made by the will.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2514 - Contracts regarding wills; requirements; effect

14-2514.
Contracts regarding wills;  requirements;  effect
A. After December 31,  1994,  a person may enter into a contract to make a will or devise or not to revoke a will or devise or to die intestate only by:
1. Provisions of a will that state the material provisions of the contract.
2. An express reference in a will to a contract and extrinsic evidence proving the terms of the contract.
3. A writing signed by the decedent evidencing the contract.
B. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2516 - Custodian of will; duties; liability

14-2516.
Custodian of will;  duties;  liability
A. After the death of a testator and on request of an interested person,  a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate or,  if none is known,  to an appropriate court.
B. A person who wilfully fails to deliver a will as required by this section is liable to any person aggrieved for any damages caused by this failure.
C. A person who wilfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2517 - Penalty clause for contest; restriction

14-2517.
Penalty clause for contest;  restriction
A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings or actions relating to the estate is unenforceable if probable cause exists for the contest,  proceedings or actions.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2518 - Electronic will; requirements; interpretation

14-2518.
Electronic will;  requirements;  interpretation
A. An electronic will must meet all of the following requirements:
1. Be created and maintained in an electronic record that is readable as text at the time of signing.
2. Contain the electronic signature of the testator or the testator's electronic signature made by some other individual in the testator's conscious presence and by the testator's direction.
3. Contain the electronic signatures of at least two persons,  each of whom met all of the following requirements:
(a) Was physically present or electronically present with the testator when the testator electronically signed the will,  acknowledged the testator's signature or acknowledged the will.
(b) Electronically signed the will within a reasonable time after the person witnessed the testator signing the will,  acknowledging the testator's signature or acknowledging the will as described in subdivision (a) of this paragraph.
(c) If electronically present with the testator when the testator electronically signed the will,  acknowledged the testator's signature or acknowledged the will,  was physically located within the United States at the time of serving as a witness.
4. State the date that the testator and each of the witnesses electronically signed the will.
5. Contain a copy of a government-issued identification card of the testator that was current at the time of execution of the will.
B. Except as provided in this section and sections 14-2519,  14-2520,  14-2521,  14-2522 and 14-2523,  any question raised about the force,  effect,  validity and interpretation of an electronic will shall be determined in the same manner as a question regarding a paper will executed pursuant to section 14-2502.
C. This section does not apply to a trust except a testamentary trust created in an electronic will.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2519 - Self-proved electronic will

14-2519.
Self-proved electronic will
A. In addition to the requirements of section 14-2504,  to be self-proved,  an electronic will must meet all of the following requirements:
1. Contain the electronic signature and electronic seal of a notary public placed on the will in accordance with applicable law.
2. Designate a qualified custodian to maintain custody of the electronic will.
3. Before being offered for probate or being reduced to a certified paper original,  be under the exclusive control of a qualified custodian at all times.
B. Notwithstanding section 14-2504,  subsection B,  the affidavits for an attested self-proving electronic will shall be in substantially the following form:
We,  ______________,  _______________ and _______________,  the testator and the witnesses,  respectively,  whose names are signed to the attached or foregoing instrument,  being first duly sworn do declare to the undersigned authority that the testator signed and executed the instrument as the testator's will and that he/she signed willingly,  or willingly directed another to sign for him/her,  and that he/she executed it as his/her free and voluntary act for the purposes expressed in this document,  and that each of the witnesses,  in the physical or electronic presence and hearing of the testator,  signed the will as witness and that to the best of his/her knowledge the testator was at the time of signing eighteen years of age or older,  of sound mind and under no constraint or undue influence.
____________________
Testator
____________________
Witness
____________________
Witness
The State of _________________
County of ____________________
Subscribed,  sworn to and acknowledged before me by ____________,  the testator,  and subscribed and sworn to before me by ____________ and ____________,  witnesses,  this _____ day of _____________.
(Seal)
(Signed)______________________
______________________________
(official capacity of officer)
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2520 - Qualified custodian

14-2520.
Qualified custodian
A qualified custodian of an electronic will:
1. May not be related to the testator by blood,  marriage or adoption.
2. May not be a devisee under the electronic will or related by blood,  marriage or adoption to a devisee under the electronic will.
3. Shall consistently employ and store electronic records of electronic wills in a system that protects electronic records from destruction,  alteration or unauthorized access and detects any change to an electronic record.
4. Shall store in the electronic record of an electronic will each of the following:
(a) A photograph or other visual record of the testator and the attesting witnesses that was taken contemporaneously with the execution of the electronic will.
(b) A photocopy,  photograph,  facsimile or other visual record of any documentation that was taken contemporaneously with the execution of the electronic will and provides satisfactory evidence of the identities of the testator and the attesting witnesses,  including documentation of the methods of identification used.
(c) An audio and video recording of the testator,  attesting witnesses and notary public,  as applicable,  taken at the time the testator,  each attesting witness and notary public,  as applicable,  placed the person's electronic signature on the electronic will.
5. Shall provide to any court that is hearing a matter involving an electronic will that is currently or was previously stored by the qualified custodian any information requested by the court pertaining to the qualifications of the qualified custodian and the policies and practices of the qualified custodian concerning the maintenance,  storage and production of electronic wills and may be called by an interested party to serve as a fact witness regarding the maintenance,  storage and production of electronic wills.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2522 - Electronic record; access; destruction

14-2522.
Electronic record;  access;  destruction
A. A qualified custodian shall provide access to or information concerning the electronic will in the electronic record or the certified paper original of the electronic will only to:
1. The testator or another person as directed by the written instructions of the testator.
2. After the death of the testator,  the nominated personal representative of the testator or any interested person.
B. A qualified custodian may destroy the electronic record at the earlier of:
1. One hundred years after the testator's death.
2. Five years after the testator's last will is admitted to probate and all appellate opportunities have been exhausted.
C. A qualified custodian shall cancel,  render unreadable or obliterate the electronic record if the testator directs the qualified custodian to do so in a writing executed with the same formalities required for the execution of an electronic will.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2523 - Certified paper original of electronic will; affidavits

14-2523.
Certified paper original of electronic will;  affidavits
A. On the creation of a certified paper original of an electronic will,  if the electronic will has always been in the custody of a qualified custodian,  the qualified custodian shall state in an affidavit all of the following:
1. That the qualified custodian is eligible to act as a qualified custodian in this state and is the qualified custodian designated by the testator in the electronic will or was designated to act in that capacity by another qualified custodian pursuant to section 14-2521,  subsection C,  paragraph 2.
2. That an electronic record was created at the time the testator executed the electronic will.
3. That the electronic record has been under the exclusive control of one or more qualified custodians since the execution of the electronic will and has not been altered since the time it was created.
4. The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic will.
5. That the certified paper original is a true,  correct and complete tangible manifestation of the electronic will.
6. That the records described in section 14-2520,  paragraph 4 are under the exclusive control of the qualified custodian.
B. On the creation of a certified paper original of an electronic will,  if the electronic will has not always been under the exclusive control of a qualified custodian,  the person who discovered the electronic will and the person who reduced the electronic will to the certified paper original shall each state in an affidavit all of the following to the best of each person's knowledge:
1. When the electronic will was created,  if not indicated in the electronic will.
2. When,  how and by whom the electronic will was discovered.
3. The identity of each person who has had access to the electronic will.
4. The method in which the electronic will was stored and the safeguards in place to prevent alterations to the electronic will.
5. Whether the electronic will has been altered since its execution.
6. That the certified paper original is a true,  correct and complete tangible manifestation of the electronic will.
C. For the purposes of making the affidavit prescribed by subsection A of this section,  the qualified custodian may rely conclusively on any affidavits provided by a predecessor qualified custodian.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2604 - Failure of testamentary provision; effect

14-2604.
Failure of testamentary provision;  effect
A. Except as provided in section 14-2603,  a devise,  other than a residuary devise,  that fails for any reason becomes a part of the residue.
B. Except as provided in section 14-2603,  if the residue is devised to two or more persons,  the share of a residuary devisee that fails for any reason passes to the other residuary devisee or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2605 - Securities increase in value after death; effect; exception

14-2605.
Securities increase in value after death;  effect;  exception
A. If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will,  the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types:
1. Securities of the same organization acquired by reason of action initiated by the organization or any successor,  related or acquiring organization,  excluding any acquired by exercise of purchase options.
2. Securities of another organization acquired as a result of any merger,  consolidation,  reorganization or other distribution by the organization or any successor,  related or acquiring organization.
3. Securities of the same organization acquired as a result of a plan of reinvestment.
B. Distributions in cash before death with respect to a described security are not part of the devise.