reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2606 - Right to specific devises; unpaid proceeds of sale, condemnation or insurance; sale by conservator or agent

14-2606.
Right to specific devises;  unpaid proceeds of sale,  condemnation or insurance;  sale by conservator or agent
A. A specific devisee has a right to the specifically devised property in the testator's estate at death and to the following:
1. Any balance of the purchase price,  together with any security agreement,  owing from a purchaser to the testator at death by reason of sale of the property.
2. Any amount of a condemnation award for the taking of the property unpaid at death.
3. Any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property.
4. Property owned by the testator at death and acquired as a result of foreclosure or obtained in lieu of foreclosure of the security interest for a specifically devised obligation.
B. If specifically devised property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal or if a condemnation award,  insurance proceeds or recovery for injury to the property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for an incapacitated principal,  the specific devisee has the right to a general pecuniary devise equal to the net sale price,  the amount of the unpaid loan,  the condemnation award,  the insurance proceeds or the recovery. It is not necessary to adjudicate the issue of incapacity for an agent to act under this subsection. An agent's actions that are within the authority of a durable power of attorney are presumed to be on behalf of the incapacitated principal. For the purposes of this subsection,  " incapacitated principal"  means a principal who is an incapacitated person.
C. The right of a specific devisee under subsection B is reduced by any right the devisee has under subsection A.
D. The provisions in subsection B that relate to the actions of a conservator do not apply if,  after the sale,  mortgage,  condemnation,  casualty or recovery,  it was adjudicated that the testator's incapacity ceased and the testator survived the adjudication by one year.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2608 - Exercise of power of appointment

14-2608.
Exercise of power of appointment
In the absence of a requirement that a power of appointment be exercised by a reference or by an express or specific reference to that power,  a general residuary clause in a will or a will making general disposition of all of the testator's property expresses an intention to exercise a power of appointment held by the testator only if the power is a general power and the creating instrument does not contain a gift if the power is not exercised or the testator's will manifests an intention to include the property subject to the power.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2609 - Satisfaction of a devise during the testator's life; requirements; valuation

14-2609.
Satisfaction of a devise during the testator's life;  requirements;  valuation
A. Property a testator gave to a person while the testator was alive is treated as a satisfaction of a devise in whole or in part if any of the following requirements are met:
1. The will provides for deduction of the gift.
2. The testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
3. The devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
B. For purposes of partial satisfaction,  property given while the testator was alive is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death,  whichever occurs first.
C. To satisfy the requirements of sections 14-2603 and 14-2604 if the devisee fails to survive the testator,  the gift is treated as a full or partial satisfaction of the devise,  as appropriate,  unless the testator's contemporaneous writing provides otherwise.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2701 - Scope of article

14-2701.
Scope of article
In the absence of a finding of a contrary intention,  the rules of construction in this article control the construction of a governing instrument. The rules of construction in this article apply to a governing instrument of any type,  except as the application of a particular section is limited by its terms to a specific type or types of provision or governing instrument.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2703 - Choice of law; effect on governing instrument

14-2703.
Choice of law;  effect on governing instrument
The meaning and legal effect of a governing instrument is determined by the local law of the state selected in the governing instrument unless the application of that law is contrary to the requirements of article 4 of this chapter relating to exempt property and allowances or is contrary to any other public policy of this state otherwise applicable to the disposition.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2704 - Power of appointment; exercise by reference; presumption

14-2704.
Power of appointment;  exercise by reference;  presumption
If a governing instrument that creates a power of appointment expressly requires that the power be exercised by a reference,  an express reference or a specific reference to the power or its source,  it is presumed that the donor's intention was to prevent an inadvertent exercise of the power.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2705 - Adopted children; children born out of wedlock; class gifts

14-2705.
Adopted children;  children born out of wedlock;  class gifts
A. A person who is adopted or born out of wedlock and that person's descendants,  if appropriate to the class,  are included in class gifts and other terms of relationship in accordance with the intestate succession under article 1 of this chapter. Terms of relationship that do not differentiate relationships by blood from those by affinity,  such as " uncles" ,  " aunts" ,  " nieces"  or " nephews" ,  are construed to exclude relatives by affinity. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood,  such as " brothers" ,  " sisters" ,  " nieces"  or " nephews" ,  are construed to include both types of relationships.
B. In addition to the requirements of subsection A,  in construing a dispositive provision of a transferor who is not the adopting parent,  an adopted person is not considered the child of the adopting parent unless the adopted person lived while a minor,  either before or after the adoption,  as a regular member of the household of the adopting parent at any time.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2708 - Class gifts to descendants, issue or heirs of the body; form of distribution if none specified

14-2708.
Class gifts to descendants,  issue or heirs of the body;  form of distribution if none specified
If a class gift in favor of descendants,  issue or heirs of the body does not specify the manner in which the property is to be distributed among the family members who comprise that class,  the property that comprises the class gift is distributed among the class members who are living when the interest is to take effect in possession or enjoyment. These class members receive shares they would receive under the applicable law of intestate succession if the designated ancestor had died intestate owning the subject matter of the class gift.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2709 - Property distribution by representation or per capita at each generation; distribution per stirpes; application of section; definitions

14-2709.
Property distribution by representation or per capita at each generation;  distribution per stirpes;  application of section;  definitions
A. If an applicable statute or a governing instrument calls for property to be distributed by representation or per capita at each generation,  the property is divided into as many equal shares as there are surviving descendants in the generation nearest to the designated ancestor that contains one or more surviving descendants and 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 distribution date.
B. If a governing instrument calls for property to be distributed per stirpes,  the property is divided into as many equal shares as there are surviving children of the designated ancestor and deceased children who left surviving descendants. Each surviving child is allocated one share. The share of each deceased child with surviving descendants is divided in the same manner,  with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants.
C. For the purposes of subsections A and B of this section,  a person who is deceased and who left no surviving descendant is disregarded. A person who leaves a surviving ancestor who is a descendant of the designated ancestor is not entitled to a share.
D. This section applies to governing instruments executed after December 31,  1994. In the case of a codicil to a will,  an amendment to a trust or another document amending a governing instrument,  the date of execution is the date of the codicil,  amendment or amending document only if the codicil,  amendment or amending document materially affects the dispositive provision being construed under this section.
E. For the purposes of this section:
1. " Deceased child"  or " deceased descendant"  means a child or a descendant who either predeceased the distribution date or is deemed to have predeceased the distribution date under section 14-2702.
2. " Distribution date"  with respect to an interest means the time when the interest is to take effect in possession or enjoyment. Distribution date does not mean a date that necessarily occurs at the beginning or end of a calendar day but that may occur at a time during the course of a day.
3. " Surviving ancestor" ,  " surviving child"  or " surviving descendant"  means an ancestor,  a child or a descendant who neither predeceased the distribution date nor is deemed to have predeceased the distribution date under section 14-2702.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2710 - Worthier title doctrine; nonrecognition

14-2710.
Worthier title doctrine;  nonrecognition
The common law doctrine of worthier title is not recognized in this state. Therefore,  language in a governing instrument that describes the beneficiaries of a disposition as the transferor's heirs,  heirs at law,  next of kin,  distributees,  relatives,  or family,  or by similar language,  does not create or presumptively create a reversionary interest in the transferor.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2711 - Distribution to heirs; effect

14-2711.
Distribution to heirs;  effect
A. If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's heirs,  heirs at law,  next of kin,  relatives,  or family,  or by similar language,  the property passes to those persons,  including the state,  who would inherit the designated individual's intestate estate under the intestate succession law of the designated individual's domicile if the designated individual died when the disposition is to take effect in possession or enjoyment. The property passes to those persons in the proportion described by the laws of intestate succession.
B. If the designated individual's surviving spouse is living but is remarried at the time the disposition is to take effect in possession or enjoyment,  the surviving spouse is not an heir of the designated individual.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2712 - Burdens relating to validity of governing instruments

14-2712.
Burdens relating to validity of governing instruments
A. A proponent of a governing instrument has the burden of establishing prima facie proof of due execution in all cases.
B. It is a rebuttable presumption that a person who executes a governing instrument is presumed to have capacity to execute the governing instrument and to have done so free from undue influence and duress.
C. If the validity of a governing instrument is challenged on the grounds of revocation by a later governing instrument,  the validity of the later governing instrument must be determined first.
D. Except as prescribed pursuant to subsections E and F of this section,  a party that challenges the validity of a governing instrument has the burden of establishing the invalidity of that governing instrument by a preponderance of the evidence.
E. A governing instrument is presumed to be the product of undue influence if either:
1. A person who had a confidential relationship to the creator of the governing instrument was active in procuring its creation and execution and is a principal beneficiary of the governing instrument.
2. The preparer of the governing instrument or the preparer's spouse or parents or the issue of the preparer's spouse or parents is a principal beneficiary of the governing instrument. This paragraph does not apply if the governing instrument was prepared for a person who is a grandparent of the preparer,  the issue of a grandparent of the preparer or the respective spouses or former spouses of persons related to the preparer.
F. The beneficiary of the governing instrument may overcome a presumption of undue influence by a preponderance of the evidence.
G. For the purposes of this section,  determining if a person is a principal beneficiary of a governing instrument or the preparer of a governing instrument is a question of fact to be determined by the totality of the circumstances.
H. This section does not apply to the following:
1. Proceedings to determine the validity of a durable power of attorney pursuant to section 14-5506,  subsection B.
2. Proceedings to determine ownership of multiple party accounts pursuant to section 14-6211.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2802 - Effect of divorce, annulment and decree of separation

14-2802.
Effect of divorce,  annulment and decree of separation
A. A person who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless,  by virtue of a subsequent marriage,  that person is married to the decedent at the time of death. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.
B. For the purposes of this section,  " surviving spouse"  does not include:
1. A person who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of the marriage if that decree or judgment is not recognized as valid in this state,  unless they subsequently participate in a marriage ceremony purporting to marry each to the other or live together as husband and wife.
2. A person who,  after an invalid decree or judgment of divorce or annulment obtained by the decedent,  participates in a marriage ceremony with a third person.
3. A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2901 - Nonvested property interest; general power of appointment; validity; exception

14-2901.
Nonvested property interest;  general power of appointment;  validity;  exception
A. A nonvested property interest is invalid unless at least one of the following is true:
1. At the time the interest is created it is certain to vest or to terminate not later than twenty-one years after the death of a person who is then alive.
2. The interest either vests or terminates within five hundred years after its creation.
3. The interest is under a trust whose trustee has the expressed or implied power to sell the trust assets and at one or more times after the creation of the interest one or more persons who are living when the trust is created have an unlimited power to terminate the interest.
B. A general power of appointment that is not presently exercisable because of a condition precedent is invalid unless any of the following is true:
1. At the time the power is created the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than twenty-one years after the death of a person who is then alive.
2. The condition precedent either is satisfied or becomes impossible to satisfy within five hundred years after its creation.
3. The power is with respect to an interest under a trust whose trustee has the expressed or implied power to sell the trust assets and at one or more times after the creation of the interest one or more persons who are living when the trust is created have an unlimited power to terminate the interest.
C. A nongeneral power of appointment or a general testamentary power of appointment is invalid unless at least one of the following is true:
1. At the time the power is created it is certain to be irrevocably exercised or otherwise to terminate not later than twenty-one years after the death of a person who is then alive.
2. The power is irrevocably exercised or otherwise terminates within five hundred years after its creation.
3. The power is with respect to an interest under a trust whose trustee has the expressed or implied power to sell the trust assets and at one or more times after the creation of the interest one or more persons who are living when the trust is created have an unlimited power to terminate the interest.
D. In determining whether a nonvested property interest or a power of appointment is valid under subsection A,  paragraph 1,  subsection B,  paragraph 1 or subsection C,  paragraph 1,  the possibility that a child will be born to a person after that person's death is disregarded.
E. If the governing instrument seeks to do either of the following after the expiration of the latest period described by subsection A,  B or C,  that language is inoperative to the extent it produces a period of time that exceeds five hundred years after the creation of the trust:
1. Disallow the vesting or termination of an interest or trust beyond that time.
2. Postpone the vesting or termination of an interest or trust until that time.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2902 - Nonvested property interest or power of appointment; creation

14-2902.
Nonvested property interest or power of appointment;  creation
A. Except as provided in subsections B and C of this section and section 14-2905,  subsection C,  the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
B. If there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in section 14-2901,  subsection B or C,  the nonvested property interest or power of appointment is created when that person's power to become the unqualified beneficial owner terminates. A joint power with respect to community property or to marital property held by a married couple is a power exercisable by one person alone.
C. A nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or any other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2903 - Reformation of a disposition plan; conditions

14-2903.
Reformation of a disposition plan;  conditions
On the petition of an interested person,  a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and that is within the five hundred years allowed under section 14-2901 if:
1. A nonvested property interest or a power of appointment becomes invalid under section 14-2901.
2. A class gift is not but might become invalid under section 14-2901 and the time has arrived when the share of any class member is to take effect in possession or enjoyment.
3. A nonvested property interest that is not validated by section 14-2901,  subsection A,  paragraph 1 can vest but not within ninety years after its creation.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2904 - Statutory rule against perpetuities; exclusion

14-2904.
Statutory rule against perpetuities;  exclusion
This article does not apply to:
1. A nonvested property interest or a power of appointment arising out of a nondonative transfer,  except for a nonvested property interest or a power of appointment arising out of any of the following:
(a) A premarital or postmarital agreement.
(b) A separation or divorce settlement.
(c) A spouse's election.
(d) A similar arrangement arising out of a prospective,  existing or previous marital relationship between the parties.
(e) A contract to make or not to revoke a will or trust.
(f) A contract to exercise or not to exercise a power of appointment.
(g) A transfer in satisfaction of a duty of support.
(h) A reciprocal transfer.
2. A fiduciary's power relating to the administration or management of assets,  including the power of a fiduciary to sell,  lease or mortgage property,  and the power of a fiduciary to determine principal and income.
3. A power to appoint a fiduciary.
4. A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary who has an indefeasibly vested interest in the income and principal.
5. A nonvested property interest held by a charity,  government or governmental agency or subdivision,  if the nonvested property interest is preceded by an interest held by another charity,  government or governmental agency or subdivision.
6. A nonvested property interest in or a power of appointment with respect to a trust or any other property arrangement forming part of any pension,  profit sharing,  stock bonus,  health,  disability,  death benefit,  income deferral or other current or deferred benefit plan for one or more employees,  independent contractors or their beneficiaries or spouses,  to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property,  income or principal in the trust or other property arrangement,  except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse.
7. A property interest,  power of appointment or arrangement that was not subject to the common law rule against perpetuities or is excluded by the laws of this state.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-2905 - Nonvested property interest or power of appointment; creation; effective date; judicial reformation

14-2905.
Nonvested property interest or power of appointment;  creation;  effective date;  judicial reformation
A. Except as otherwise provided,  this article applies to a nonvested property interest or a power of appointment that is created on or after December 31,  1994.
B. If a nonvested property interest or a power of appointment is determined in a judicial proceeding to violate this state's rule against perpetuities as that rule existed when the nonvested property interest or power of appointment was created,  a court on the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and that is within the limits of the requirements of section 14-2901.
C. For the purposes of this article,  if the person who exercises a power of appointment so provides in the exercise,  a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3101 - Devolution of estate at death; administration on deaths of husband and wife

14-3101.
Devolution of estate at death;  administration on deaths of husband and wife
A. The power of a person to leave property by will,  and the rights of creditors,  devisees and heirs to his property are subject to the restrictions and limitations contained in this title to facilitate the prompt settlement of estates. Upon the death of a person,  his separate property and his share of community property devolves to the persons to whom the property is devised by his last will,  or to those indicated as substitutes for them in cases involving lapse,  renunciation or other circumstances affecting the devolution of testate estates,  or in the absence of testamentary disposition to his heirs,  or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting the devolution of intestate estates. The devolution of separate property and decedent's share of community property is subject to rights to the allowance in lieu of homestead,  exempt property and family allowance,  to rights of creditors and to administration as provided in this title. In addition,  the surviving spouse's share of the community property is subject to administration until the time for presentation of claims has expired,  and thereafter only to the extent necessary to pay community claims.
B. If a husband and wife both die,  and the administration of one of their estates is not completed prior to commencement of administration of the other,  their estates may be combined in a single administration with the same personal representative,  if feasible. A single application or petition may be made to obtain appointment of a personal representative and to determine testacy. If their estates devolve as if each spouse survived the other because of application of section 14-2702,  and their estates are not combined,  half of their community property is subject to administration in each estate and community claims will be charged ratably to each half of the community property.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3102 - Necessity of statement or order of probate for will; exception

14-3102.
Necessity of statement or order of probate for will;  exception
Except as provided in section 14-3971,  to be effective to prove the transfer of any property or to nominate an executor,  a will must be declared to be valid by a statement of informal probate by the registrar,  or an adjudication of probate by the court,  except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if both:
1. No court proceeding concerning the succession or administration of the estate has occurred.
2. Either the devisee or his successors and assigns possessed the property devised in accordance with the provisions of the will,  or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3103 - Necessity of appointment for administration

14-3103.
Necessity of appointment for administration
Except as otherwise provided in chapter 4 of this title,  to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent,  a person shall be appointed by order of the court or statement of the registrar,  shall qualify and shall be issued letters. Administration of an estate is commenced by the issuance of letters.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3104 - Claims against decedent; necessity of administration

14-3104.
Claims against decedent;  necessity of administration
No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution,  all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this chapter. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in section 14-3934 or from a former personal representative individually liable as provided in section 14-3935. This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3105 - Proceedings affecting devolution and administration; jurisdiction of subject matter

14-3105.
Proceedings affecting devolution and administration;  jurisdiction of subject matter
A. Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this chapter and may petition the court for orders in formal proceedings within the court's jurisdiction including but not limited to those described in this article.
B. The court may hear and determine any matter affecting the administration and distribution of decedents' estates after notice to interested persons in conformity with section 14-1401 and only in a formal proceeding. Persons notified are bound though less than all interested persons may have been given notice.
C. The court has general jurisdiction that it may exercise in a formal proceeding in any other action or proceeding concerning succession or to which an estate,  through a personal representative,  may be a party,  including:
1. Actions to determine title or to quiet title to property alleged to belong to the estate.
2. Actions for personal injury and wrongful death.
3. Actions to quiet title of property that belongs to the estate.
4. Actions against third parties to recover estate assets.
5. Any action or proceeding in which property distributed by a personal representative or its value is sought to be subjected to rights of creditors or successors of the decedent.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3107 - Scope of proceedings; proceedings independent; exception

14-3107.
Scope of proceedings;  proceedings independent;  exception
Unless supervised administration as described in article 5 is involved:
1. Each proceeding before the court or registrar is independent of any other proceeding involving the same estate.
2. Petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this chapter,  no petition is defective because it fails to embrace all matters which might then be the subject of a final order.
3. Proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives.
4. A proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3108 - Probate, testacy and appointment proceedings; ultimate time limit

14-3108.
Probate,  testacy and appointment proceedings;  ultimate time limit
An informal probate or appointment proceeding or formal testacy or appointment proceeding,  other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment,  shall not be commenced more than two years after the decedent's death,  except:
1. If a previous proceeding was dismissed because of doubt about the fact of the decedent's death,  appropriate probate,  appointment or testacy proceedings may be maintained at any time thereafter upon a finding that the decedent's death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceeding.
2. Appropriate probate,  appointment or testacy proceedings may be maintained in relation to the estate of an absent,  disappeared or missing person for whose estate a conservator has been appointed,  at any time within two years after the conservator becomes able to establish the death of the protected person.
3. A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful may be commenced within the later of twelve months from the informal probate or two years from the decedent's death.
4. An informal probate or appointment or a formal testacy or appointment proceeding may be commenced thereafter if no court proceeding concerning the succession or administration has occurred within the two year period. If proceedings are brought under this exception,  the personal representative has no right to possess estate assets as provided in section 14-3709 beyond that necessary to confirm title thereto in the rightful successors to the estate. Claims other than expenses of administration shall not be presented against the estate.
These limitations do not apply to proceedings to construe probated wills or determine heirs of an intestate. In cases under paragraph 1 or 2 of this section,  the date on which a testacy or appointment proceeding is properly commenced shall be deemed to be the date of the decedent's death for purposes of other limitations provisions of this title which relate to the date of death.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3109 - Statutes of limitation on decedent's cause of action

14-3109.
Statutes of limitation on decedent's cause of action
Upon the death of a person in whose favor there is a cause of action which has not been barred as of the date of his death,  the limitation of the action ceases to run until a personal representative is appointed or until twelve months after the death,  whichever first occurs,  but shall not bar such action sooner than four months after death even if a personal representative is appointed earlier.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3110 - Action by or against personal representative; survival of causes of action

14-3110.
Action by or against personal representative;  survival of causes of action
Every cause of action,  except a cause of action for damages for breach of promise to marry,  seduction,  libel,  slander,  separate maintenance,  alimony,  loss of consortium or invasion of the right of privacy,  shall survive the death of the person entitled thereto or liable therefor,  and may be asserted by or against the personal representative of such person,  provided that upon the death of the person injured,  damages for pain and suffering of such injured person shall not be allowed.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3201 - Venue for first and subsequent estate proceedings; location of property

14-3201.
Venue for first and subsequent estate proceedings;  location of property
A. Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is:
1. In the county where the decedent had his domicile at the time of his death.
2. If the decedent was not domiciled in this state,  in any county where property of the decedent was located at the time of his death.
B. Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in the place where the initial proceeding occurred,  unless the initial proceeding has been transferred as provided in section 14-1303 or subsection C of this section.
C. If the first proceeding was informal,  on application of an interested person and after notice to the proponent in the first proceeding,  the court,  upon finding that venue is elsewhere,  may transfer the proceeding and the file to the other court.
D. For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving non-domiciliaries,  a debt,  other than one evidenced by investment or commercial paper or other instrument in favor of a non-domiciliary,  is located where the debtor resides,  or if the debtor is a person other than an individual,  at the place where it has its principal office. Commercial paper,  investment paper and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3202 - Appointment or testacy proceedings; conflicting claim of domicile in another state

14-3202.
Appointment or testacy proceedings;  conflicting claim of domicile in another state
If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state,  and in a testacy or appointment proceeding after notice pending at the same time in another state,  the court of this state must stay,  dismiss or permit suitable amendment in,  the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced must be accepted as determinative in the formal testacy or appointment proceeding in this state.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3204 - Demand for notice of order or filing concerning decedent's estate

14-3204.
Demand for notice of order or filing concerning decedent's estate
Any person desiring notice of any order or filing pertaining to a decedent's estate in which he has a financial or property interest may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent,  the nature of his interest in the estate and the demandant's address or that of his attorney. The demandant shall mail a copy of the demand to the personal representative if one has been appointed. After filing of a demand,  no order or filing to which the demand relates shall be made or accepted without notice as prescribed in section 14-1401 to the demandant or his attorney. The validity of an order which is issued or filing which is accepted without compliance with this requirement shall not be affected by the error,  but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and shall cease upon the termination of his interest in the estate.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3302 - Informal probate; duty of registrar; effect of informal probate

14-3302.
Informal probate;  duty of registrar;  effect of informal probate
Upon receipt of an application requesting informal probate of a will,  the registrar,  upon making the findings required by section 14-3303 shall issue a written statement of informal probate if at least one hundred twenty hours have elapsed since the decedent's death. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3303 - Informal probate; proof and findings required

14-3303.
Informal probate;  proof and findings required
A. In an informal proceeding for original probate of a will,  the registrar shall determine whether:
1. The application is complete.
2. The applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief.
3. The applicant appears from the application to be a person permitted to apply as provided in section 14-3301,  subsection A.
4. On the basis of the statements in the application,  venue is proper.
5. An original,  duly executed and apparently unrevoked will is in the registrar's possession.
6. Any notice required by section 14-3204 has been given and that the application is not within section 14-3304.
7. It appears from the application that the time limit for original probate has not expired.
B. The application shall be denied if it indicates that a personal representative has been appointed in another county of this state or except as provided in subsection D of this section,  if it appears that this or another will of the decedent has been the subject of a previous probate order.
C. A will which appears to have the required signatures and which contains an attestation clause showing that requirements of execution under chapter 2,  article 5 of this title have been met shall be probated without further proof. In other cases,  the registrar may assume execution if the will appears to have been properly executed,  or he may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution,  whether or not the person was a witness to the will.
D. Informal probate of a will which has been previously probated in another jurisdiction may be granted at any time upon written application by any interested person,  together with deposit of a certified copy of the will and of the statement probating it from the office or court where it was first probated.
E. A will from a place which does not provide for probate of a will after death and which is not eligible for probate under subsection A of this section may be probated in this state upon receipt by the registrar of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3304 - Informal probate; unavailable in certain cases

14-3304.
Informal probate;  unavailable in certain cases
An application for informal probate shall be declined if it relates to one or more of a known series of testamentary instruments the latest of which does not expressly revoke the earlier,  except that a series consisting of a will with its codicils may be informally probated.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3305 - Informal probate; registrar not satisfied

14-3305.
Informal probate;  registrar not satisfied
If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections 14-3303 and 14-3304 or any other reason,  he may decline the application. A declination of informal probate is not an adjudication and does not preclude formal probate proceedings.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3306 - Informal probate; notice requirements

14-3306.
Informal probate;  notice requirements
A. The applicant must give notice as described by section 14-1401 of the applicant's application for informal probate:
1. To any person demanding it pursuant to section 14-3204.
2. To any personal representative of the decedent whose appointment has not been terminated. No other notice need be given before issuance of a statement of informal probate by the registrar.
B. On issuance of a statement of informal probate,  the applicant must within thirty days give written information to all heirs and devisees of the admission of the will to probate,  together with a copy of the will. The information shall describe the court where papers relating to the estate are on file and state that an heir or devisee has four months from receipt of the information within which to commence a formal testacy proceeding if the heir or devisee wishes to contest the probate. If a personal representative has been appointed,  the information given pursuant to this section may be combined with the information required by section 14-3705 and may in that case be given by either the applicant or the personal representative on behalf of both. This information shall be delivered or sent by mail to each of the heirs and devisees whose address is reasonably available to the applicant. An heir or devisee to whom the information is given is barred from commencing a formal testacy proceeding to contest the probate of the will after four months have elapsed from receipt of the information,  but an heir or devisee is not barred from commencing a formal testacy proceeding to probate a later discovered will. An heir or devisee to whom the information is not given may contest the informal probate within the time limit specified in section 14-3108. The applicant shall be liable to any heir or devisee damaged by failure to comply with this subsection. An applicant's failure to give information as required by this section is a breach of the applicant's duty to the heirs and devisees but does not affect the validity of the probate.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-3307 - Informal appointment proceedings; delay in order; duty of registrar; effect of appointment

14-3307.
Informal appointment proceedings;  delay in order;  duty of registrar;  effect of appointment
A. Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 14-3614,  if at least one hundred twenty hours have elapsed since the decedent's death,  the registrar,  after making the findings required by section 14-3308,  shall appoint the applicant subject to qualification and acceptance,  except that if the decedent was a nonresident the registrar shall delay the order of appointment until thirty days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant or the decedent's will directs that his estate be subject to the laws of this state.
B. The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment,  and the office of personal representative created thereby,  is subject to termination as provided in sections 14-3608 through 14-3612,  but is not subject to retroactive vacation.