Uniform Probate Code

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Intestate Estate

ARS §14-2101

UPC §2-101

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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 Code, except as modified by the decedent's will.

b) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share.

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Share of Spouse

ARS §14-2102

UPC§2-102

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The intestate share of a decedent's surviving spouse is:

1) the entire intestate estate if :

a) no descendant or parent of the decedent survives the decedent; or

b) all of the decedent surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent.

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Share of Heirs Other Than Surviving Spouse

ARS §14-2103

UPC §2-103

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a) Any part of the intestate estate not passing to a decedent's surviving spouse under Section 2-102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals 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 not survive, or to the surviving parent if only one survives;

3) if there is no surviving descendant, or parent, to the descendant's 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.

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Execution; Witnessed or Notarized Wills; Holographic Wills

UPC§2-502

ARS§14-2506*

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A. Except as provided in sections 14-2503, 14-2506 and 14-2513, a 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 or the testator's acknowledgment of that signature or acknowledgment of the will.

B. Intent that the document constitute 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.

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Right to specific devises; unpaid proceeds of sale, condemnation or insurance; sale by conservator or agent

UPC §2-606

ARS 14-2606*

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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.