An Act relating to decedents’ estates, guardianships, protective proceedings and trusts

House Bill 2002 AN ACT

RELATING TO DECEDENTS' ESTATES, GUARDIANSHIPS, PRO­

TECTIVE PROCEEDINGS AND TRUSTS; AMENDING SECTION 12-612, ARIZONA REVISED STATUTES; REPEALING TITLE 14, CHAPTER 1, CHAPTER 2 EXCEPT ARTICLE 2, CHAPTER 3,

CHAPTER 4 EXCEPT SECTION 14-477, CHAPTER 5 EXCEPT

SECTIONS 14-597 AND 14-598, CHAPTER 6 EXCEPT SECTION

14-898, CHAPTER 7 EXCEPT ARTICLES 7, 8 AND 9 AND CHAPTER 8, ARIZONA REVISED STATUTES; AMENDING ARIZONA REVISED STATUTES, BY ADDING ANEW TITLE 14; AMENDING SECTIONS 6-433, 6-508, 12-313, 12-1224, 12-1251,

12-2101, 25-201, 36-514, 36-523 AND 42-1526, ARIZONA REVISED STATUTES; TRANSFERRING TITLE 14, CHAPTER 2,

ARTICLE 2, ARIZONA REVISED STATUTES, FOR PLACEMENT IN THE NEW TITLE 14, CHAPTER 2, ARTICLE 8, ARIZONA REVISED STATUTES, AND RENUMBERING; AMENDING NEW SECTION 14-2808, ARIZONA REVISED STATUTES; TRANS­ FERRING SECTION 14-477, ARIZONA REVISED STATUTES, FOR PLACEMENT IN THE NEW TITLE 14, CHAPTER 3, ARTICLE 1, ARIZONA REVISED STATUTES, AND RENUM­ BERING; TRANSFERRING SECTIONS 14-597 AND 14-598, ARIZONA REVISED STATUTES, FOR PLACEMENT IN THE NEW TITLE 14, CHAPTER 3, ARTICLE 5, ARIZONA REVISED STATUTES, AND RENUMBERING; AMENDING NEW SECTIONS 14-3506 AND 14-3507, ARIZONA REVISED STATUTES; TRANS­ FERRING SECTION 14-898, ARIZONA REVISED STATUTES, FOR PLACEMENT IN TITLE 36, CHAPTER 5, ARTICLE 1, ARIZONA REVISED STATUTES, AND RENUMBERING; TRANS­ FERRING TITLE 14, CHAPTER 7, ARTICLES 7, 8 AND 9, ARIZONA REVISED STATUTES, FOR PLACEMENT IN THE NEW TITLE 14, CHAPTER 7, ARIZONA REVISED STATUTES, AS ARTICLES 4, 5 AND 6, AND RENUMBERING; AMENDING

NEW SECTIONS 14-7408, 14-7412 AND 14-7413, ARIZONA REVISED STATUTES, AND REPEALING SECTIONS 6-268, 6-431 AND 12-504, ARIZONA REVISED STATUTES.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Purpose

The legislature intends by this act to provide for a substantial revision of the laws relating to decedents' estates, guardianships, protective pro­ ceedings and trusts to become effective January 1, 1974.

Sec. 2. Section 12-612, Arizona Revised Statutes is amended to read: 12-612. Parties plaintiff; recovery; distribution

1. An action for wrongful death shall be brought by and in the name of the surviving husband or wife or personal representative of the deceased person for and on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent's estate.
2. The father, or in the case of his death or desertion of his family, the mother, may maintain the action for death of a child, and the guardian for death of his ward.
3. The amount recovered in an action for wrongful death shall be distributed to the parties provided for in subsection A -allil-i-R-t-he­ proportions providsd by law for dist n of personal estate left by- n-s-dy-ing–i-ntffi-a-t-e- IN PROPORTION TO THEIR DAMAGES, AND IF RECOVERY IS ON BEHALF OF THE DECEDENT'S ESTATE THE AMOUNT SHALL BE AN ASSET OF THE ESTATE.
4. The term "personal representative" as used in this section shall in­ clude any person to whom letters testamentary or of administration are granted by competent authority under the laws of this or any other state. The action for wrongful death may be maintained by any such personal representative without issuance of further letters, or other requirement or authorization of law.

Sec. 3. Repeals

Title 14, chapter 1, chapter 2 except article 2, chapter 3, chapter 4 except

section 14-477, chapter 5 except sections 14-597 and 14-598, chapter 6

except section 14-898, chapter 7 except articles 7, 8 and 9 and chapter 8,

Arizona Revised Statutes, are repealed.

Sec. 4. Arizona Revised Statutes are amended by adding a new title 14,

to read:

TITLE 14.

DECEDENTS' ESTATES, GUARDIANSHIPS, PROTECTIVE PROCEEDINGS AND TRUSTS

CHAPTER l.

GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURTS ARTICLE l. GENERAL PROVISIONS

14-1101. (Blank)

14-1102. Purposes; rule of construction

1. THIS TITLE SHALL BE LIBERALLY CONSTRUED AND APPLIED TO PROMOTE ITS UNDERLYING PURPOSES AND POLICIES.
2. THE UNDERLYING PURPOSES AND POLICIES OF THIS TITLE ARE:TO SIMPLIFY AND CLARIFY THE LAW CONCERNING THE AFFAIRS OF DECEDENTS, MISSING PERSONS, PROTECTED PERSONS, MINORS AND INCAPACITATED PERSONS.TO DISCOVER AND MAKE EFFECTIVE THE INTENT OF A DECEDENT IN DISTRIBUTION OF HIS PROPERTY.TO PROMOTE A SPEEDY AND EFFICIENT SYSTEM FOR LIQUIDATING THE ESTATE OF THE DECEDENT AND MAKING DISTRIBUTION TO HIS SUCCESSORS.TO FACILITATE USE AND ENFORCEMENT OF CERTAIN TRUSTS.TO MAKE UNIFORM THE LAW AMONG THE VARIOUS JURISDICTIONS.

14-1103. Supplementary general principles of law applicable

UNLESS DISPLACED BY THE PARTICULAR PROVISIONS OF THIS TITLE, THE PRINCIPLES OF LAW AND EQUITY SUPPLEMENT ITS PROVISIONS.14-1104.(Blank)14-1105.(Blank)14-1106.Effect of fraud and evasion

IF FRAUD HAS BEEN PERPETRATED IN CONNECTION WITH ANY PROCEEDING OR IN ANY STATEMENT FILED UNDER THIS TITLE OR IF FRAUD IS USED TO AVOID OR CIRCUMVENT THE PRO­ VISIONS OR PURPOSES OF THIS TITLE, ANY PERSON INJURED THEREBY MAY OBTAIN APPROPRIATE RELIEF AGAINST THE PERPETRATOR OF THE FRAUD OR RESTITUTION FROM ANY PERSON, OTHER THAN A BONA FIDE PURCHASER, BENEFITING FROM THE FRAUD, WHETHER INNOCENT OR NOT. ANY PRO­ CEEDING MUST BE COMMENCED WITHIN TWO YEARS AFTER THE DISCOVERY OF THE FRAUD, BUT NO PROCEEDING MAY BE BROUGHT AGAINST ONE NOT A PERPETRATOR OF THE FRAUD LATER THAN FIVE YEARS AFTER THE TIME OF COMMISSION OF THE FRAUD. THIS SECTION HAS NO BEARING ON REMEDIES RELATING TO FRAUD PRACTICED ON A DECEDENT DURING HIS LIFETIME WHICH AFFECTS THE SUCCESSION OF HIS ESTATE.

14-1107. Evidence as to death or status

IN PROCEEDINGS UNDER THIS TITLE THE RULES OF EVIDENCE IN COURTS OF GENERAL JURISDICTION INCLUDING ANY

RELATING TO SIMULTANEOUS DEATHS, ARE APPLICABLE UNLESS SPECIFICALLY DISPLACED BY THIS TITLE. IN ADDITION, THE FOLLOWING RULES RELATING TO DETERMINATION OF DEATH AND STATUS ARE APPLICABLE:

1. A CERTIFIED OR AUTHENTICATED COPY OF A DEATH CERTIFICATE PURPORTING TO BE ISSUED BY AN OFFICIAL OR AGENCY OF THE PLACE WHERE THE DEATH PURPORTEDLY OCCURRED IS PRIMA FACIE PROOF OF THE FACT, PLACE, DATE AND TIME OF DEATH AND THE IDENTITY OF THE DECEDENT.
2. A CERTIFIED OR AUTHENTICATED COPY OF ANY RECORD OR REPORT OF A GOVERNMENTAL AGENCY, DOMESTIC OR FOREIGN, THAT A PERSON IS MISSING, DETAINED, DEAD OR ALIVE IS PRIMA FACIE EVIDENCE OF THE STATUS AND OF THE DATES, CIRCUMSTANCES AND PLACES DISCLOSED BY THE RECORD OR REPORT.
3. A PERSON WHO IS ABSENT FOR A CONTINUOUS PERIOD OF FIVE YEARS, DURING WHICH HE HAS NOT BEEN HEARD FROM, AND WHOSE ABSENCE IS NOT SATISFACTORILY EXPLAINED AFTER DILIGENT SEARCH OR INQUIRY IS PRESUMED TO BE DEAD. HIS DEATH IS PRESUMED TO HAVE OCCURRED AT THE END OF THE PERIOD UNLESS THERE IS SUFFICIENT EVIDENCE FOR DETERMINING THAT DEATH OCCURRED EARLIER.14-1108. Acts by holder of general powerFOR THE PURPOSE OF GRANTING CONSENT OR APPROVAL WITH REGARD TO THE ACTS OR ACCOUNTS OF A PERSONAL REPRE­ SENTATIVE OR TRUSTEE, INCLUDING RELIEF FROM LIABILITY OR PENALTY FOR FAILURE TO POST BOND OR TO PERFORM OTHER DUTIES, AND FOR PURPOSES OF CONSENTING TO MODI­ FICATION OR TERMINATION OF A TRUST OR TO DEVIATION FROM ITS TERMS, THE SOLE HOLDER OR ALL CO-HOLDERS OF A PRESENTLY EXERCISABLE GENERAL POWER OF APPOINTMENT, INCLUDING ONE IN THE FORM OF A POWER OF AMENDMENT OR REVOCATION, ARE DEEMED TO ACT FOR BENEFICIARIES TO THE EXTENT THEIR INTERESTS, AS OBJECTS, TAKERS IN DEFAULT OR OTHERWISE, ARE SUBJECT TO THE POWER.ARTICLE 2. DEFINITIONS14-1201. General definitionsSUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN THE SUBSEQUENT CHAPTERS WHICH ARE APPLICABLE TO SPECIFIC CHAPTERS OR ARTICLES AND UNLESS THE CONTEXT OTHER­ WISE REQUIRES, IN THIS TITLE:"APPLICATION" MEANS A WRITTEN REQUEST TO THE REGISTRAR FOR AN ORDER OF INFORMAL PROBATE OR APPOINTMENT UNDER ARTICLE 3 OF CHAPTER 3."BENEFICIARY", AS IT RELATES TO TRUST BENEFICIARIES, INCLUDES A PERSON, WHETHER OR NOT IN BEING, WHO HAS ANY PRESENT OR FUTURE INTEREST, VESTED OR CONTINGENT, AND ALSO INCLUDES THE OWNER OF AN INTEREST BY ASSIGN­ MENT OR OTHER TRANSFER AND AS IT RELATES TO A CHARI­ TABLE TRUST, INCLUDES ANY PERSON ENTITLED TO ENFORCE THE TRUST."CHILD" INCLUDES ANY INDIVIDUAL ENTITLED TO TAKE AS A CHILD UNDER THIS TITLE BY INTESTATE SUCCESSION FROM THE PARENT WHOSE RELATIONSHIP IS INVOLVED AND EX­ CLUDES ANY PERSON WHO IS ONLY A STEPCHILD, A FOSTER CHILD, A GRANDCHILD OR ANY MORE REMOTE DESCENDANT."CLAIMS", IN RESPECT TO ESTATES OF DECEDENTS AND PROTECTED PERSONS, INCLUDE LIABILITIES OF THE DECEDENT OR PROTECTED PERSON WHETHER ARISING IN CONTRACT, IN TORT OR OTHERWISE, AND LIABILITIES OF THE ESTATE WHICH ARISE AT OR AFTER THE DEATH OF THE DECEDENT OR AFTER THE APPOINTMENT OF A CONSERVATOR, INCLUDING FUNERAL EXPENSES AND EXPENSES OF ADMINISTRATION. THE TERM DOES NOT INCLUDE ESTATE OR INHERITANCE TAXES, DEMANDS OR DISPUTES REGARDING TITLE OF A DECEDENT OR PRO­ TECTED PERSON TO SPECIFIC ASSETS ALLEGED TO BE IN­ CLUDED IN THE ESTATE."COMMUNITY PROPERTY" IS THAT PROPERTY OF A HUSBAND AND WIFE WHICH IS ACQUIRED DURING MARRIAGE AS COMMUNITY PROPERTY AS DEFINED IN SECTION 25-211."CONSERVATOR" MEANS A PERSON WHO IS APPOINTED BY A COURT TO MANAGE THE ESTATE OF A PROTECTED PERSON."COURT" MEANS THE SUPERIOR COURT."DEPENDENT CHILD" MEANS A MINOR CHILD WH0l'v1 THE DECEDENT WAS OBLIGATED TO SUPPORT OR AN ADULT CHILD WHO WAS IN FACT BEING SUPPORTED BY HIM AT THE TIME OF HIS DEATH."DEVISE", WHEN USED AS A NOUN, MEANS A TESTA­ MENTARY DISPOSITION OF REAL OR PERSONAL PROPEKTY AND WHEN USED AS A VERB, MEANS TO DISPOSE OF REAL OR PERSONAL PROPERTY BY WILL"DEVISEE" MEANS ANY PERSON DESIGNATED IN A WILL TO RECENE A DEVISE. IN THE CASE OF A DEVISE TO AN EXISTING TRUST OR TRUSTEE, OR TO A TRUSTEE ON TRUST DESCRIBED BY WILL, THE TRUST OR TRUSTEE IS THE DEVISEE AND THE BENEFICIARIES ARE NOT DEVISEES."DISABILITY" MEANS CAUSE FOR A PROTECTIVE ORDER AS DESCRIBED BY SECTION 14-5401."DISTRIBUTEE" MEANS ANY PERSON WHO HAS RECEIVED PROPERTY OF A DECEDENT FROM HIS PERSONAL REPRE­ SENTATIVE OTHER THAN AS A CREDITOR OR PURCHASER. A TESTAMENTARY TRUSTEE IS A DISTRIBUTEE ONLY TO THE EXTENT OF DISTRIBUTED ASSETS OR INCREMENT THERETO REMAINING IN HIS HANDS. A BENEFICIARY OF A TESTA­ MENTARY TRUST TO WHOM THE TRUSTEE HAS DISTRIBUTED PROPERTY RECENED FROM A PERSONAL REPRESENTATIVE IS A DISTRIBUTEE OF THE PERSONAL REPRESENTATIVE. FOR PUR­ POSES OF THIS PROVISION, "TESTAMENTARY TRUSTEE" IN­ CLUDES A TRUSTEE TO WHOM ASSETS ARE TRANSFERRED BY WILL, TO THE EXTENT OF THE DEVISED ASSETS.''ESTATE" MEANS ALL OF THE PROPERTY OF THE DECEDENT, TRUST OR OTHER PERSON WHOSE AFFAIRS ARE SUBJECT TO THIS TITLE AS ORIGINALLY CONSTITUTED AND AS IT EXISTS FROM TIME TO TIME DURING ADMINISTRATION. IN THE CASE OF A HUSBAND OR WIFE, THE ESTATE INCLUDES ONLY THE SEPARATE PROPERTY AND THE SHARE OF THE COMMUNITY PROPERTY BELONGING TO THE DECEDENT OR PERSON WHOSE AFFAIRS ARE SUBJECT TO THIS TITLE."EXEMPT PROPERTY" MEANS THAT PROPERTY OF A DECEDENT'S ESTATE WHICH IS DESCRIBED IN SECTION 14-2402.354 CH 75LAWS OF ARIZONA"FIDUCIARY" INCLUDES PERSONAL REPRESENTATIVE, GUARDIAN, CONSERVATOR AND TRUSTEE."FOREIGN PERSONAL REPRESENTATIVE" MEANS A PER­ SONAL REPRESENTATIVE OF ANOTHER JURISDICTION."FORMAL PROCEEDINGS" MEAN THOSE CONDUCTED BEFORE A JUDGE WITH NOTICE TO INTERESTED PERSONS."GUARDIAN" MEANS A PERSON WHO HAS QUALIFIED AS A GUARDIAN OF A MINOR OR INCAPACITATED PERSON PURSUANT TO TESTAMENTARY OR COURT APPOINTMENT, BUT EXCLUDES ONE WHO IS MERELY A GUARDIAN AD LITEM."HEIRS" MEAN THOSE PERSONS, INCLUDING THE SUR­ VIVING SPOUSE, WHO ARE ENTITLED UNDER THE STATUTES OF INTESTATE SUCCESSION TO THE PROPERTY OF A DECEDENT."INCAPACITATED PERSON" IS AS DEFINED IN SECTION 14-5101."INFORMAL PROCEEDINGS" MEAN THOSE CONDUCTED, WITHOUT NOTICE TO INTERESTED PERSONS, BY AN OFFICER OF THE COURT ACTING AS A REGISTRAR FOR PROBATE OF A WILL OR APPOINTMENT OF A PERSONAL REPRESENTATIVE."INTERESTED PERSON" INCLUDES HEIRS, DEVISEES, CHILDREN, SPOUSES, CREDITORS, BENEFICIARIES AND ANY OTHERS HAVING A PROPERTY RIGHT IN OR CLAIM AGAINST A TRUST ESTATE OR THE ESTATE OF A DECEDENT, WARD OR PROTECTED PERSON WHICH MAY BE AFFECTED BY THE PRO­ CEEDING. IT ALSO INCLUDES PERSONS HAVING PRIORITY FOR APPOINTMENT AS PERSONAL REPRESENTATIVE, AND OTHER FIDUCIARIES REPRESENTING INTERESTED PERSONS. THE MEAN­ ING AS IT RELATES TO PARTICULAR PERSONS MAY VARY FROM TIME TO TIME AND MUST BE DETERMINED ACCORDING TO THE PARTICULAR PURPOSES OF, AND MATTER INVOLVED IN, ANY PROCEEDING."ISSUE" OF A PERSON MEANS ALL HIS LINEAL DESCEN­ DANTS OF ALL GENERATIONS, WITH THE RELATIONSHIP OF PARENT AND CHILD AT EACH GENERATION BEING DETERi1INED BY THE DEFINITIONS OF PARENT AND CHILD CONTAINED IN THIS TITLE.355LAWS OF ARIZONA"LEASE" INCLUDES AN OIL, GAS OR OTHER MINERAL LEASE."LETTERS" INCLUDE LETTERS TESTAMENTARY, LETTERS OF GUARDIANSHIP, LETTERS OF ADMINISTRATION AND LETTERS OF CONSERVATORSHIP."MINOR" MEANS A PERSON DEFINED AS SUCH IN SECTION 1-215."MORTGAGE" MEANS ANY CONVEYANCE, AGREEMENT OR ARRANGEMENT IN WHICH PROPERTY IS USED AS SECURITY."NONRESIDENT DECEDENT" MEANS A DECEDENT WHO WAS DOMICILED IN ANOTHER JURISDICTION AT THE TIME OF HIS DEATH."ORGANIZATION" INCLUDES A CORPORATION, GOVERN­ MENT OR GOVERNMENTAL SUBDIVISION OR AGENCY, BUSINESS TRUST, ESTATE, TRUST, PARTNERSHIP OR ASSOCIATION, TWO OR MORE PERSONS HAYING A JOINT OR COMMON INTEREST OR ANY OTHER LEGAL ENTITY."PARENT" INCLUDES ANY PERSON ENTITLED TO TAKE, OR WHO WOULD BE ENTITLED TO TAKE IF THE CHILD DIED WITHOUT A WILL, AS A PARENT UNDER THIS TITLE BY lNTE­ STATE SUCCESSION FROM THE CHILD WHOSE RELATIONSHIP IS IN QUESTION AND EXCLUDES ANY PERSON WHO IS ONLY A STEPPARENT, FOSTER PARENT OR GRANDPARENT."PERSON" MEANS AN INDIVIDUAL, A CORPORATION, AN ORGANIZATION OR OTHER LEGAL ENTITY."PERSONAL REPRESENTATIVE" INCLUDES EXECUTOR, ADMINISTRATOR, SUCCESSOR PERSON AL REPRESENTATIVE, SPECIAL ADMINISTRATOR AND PERSONS WHO PERFORM SUB­ STANTIALLY THE SAME FUNCTION UNDER THE LAW GOVERN­ ING THEIR STATUS. "GENERAL PERSONAL REPRESENTATIVE" EXCLUDES SPECIAL ADMINISTRATOR."PETITION" MEANS A WRITTEN REQUEST TO THE COURT FOR AN ORDER AFTER NOTICE."PROCEEDING" INCLUDES ACTION AT LAW AND SUIT IN EQUITY.CH-75LAWS OF ARIZONAlS. "PROPERTY" INCLUDES BOTH REAL AND PERSONAL PROP- 1RTY OR ANY INTEREST THEREIN AND MEANS ANYTHING THAT MAY BE THE SUBJECT OF OWNERSHIP."PROTECTED PERSON" IS AS DEFINED IN SECTION 14-5101."PROTECTIVE PROCEEDING" IS AS DEFINED IN SECTION 14-5101."REGISTRAR" REFERS TO THE OFFICIAL OF THE COURT DESIGNATED TO PERFORM THE FUNCTIONS OF REGISTRAR AS PROVIDED IN SECTION 14-1307."SECURITY" INCLUDES ANY NOTE, STOCK, TREASURY STOCK, BOND, DEBENTURE, EVIDENCE OF INDEBTEDNESS, CERTIFICATE OF INTEREST OR PARTICIPATION IN AN OIL, GAS OR MINING TITLE OR LEASE OR IN PAYMENTS OUT OF PRODUC­ TION UNDER SUCH A TITLE OR LEASE, COLLATERAL TRUST CERTIFICATE, TRANSFERABLE SHARE, VOTING TRUST CERTIFI­ CATE OR, lN GENERAL, ANY INTEREST OR INSTRUMENT COMMONLY KNOWN AS A SECURITY, OR ANY CERTIFICATE OF INTEREST OR PARTICIPATION, ANY TEMPORARY OR INTERIM CERTIFICATE, RECEIPT OR CERTIFICATE OF DEPOSIT FOR, OR ANY WARRANT OR RIGHT TO SUBSCRIBE TO OR PURCHASE ANY OF THE FOREGOING."SEPARATE PROPERTY" IS THAT PROPERTY OF A HUSBAND OR WIFE WHICH IS HIS OR HER SEPARATE PROPERTY AS DEFINED IN SECTION 25-213."SETTLEMENT", IN REFERENCE TO A DECEDENT'S ESTATE, INCLUDES THE FULL PROCESS OF ADMINISTRATION, DISTRI­ BUTION AND CLOSING."SPECIAL ADMINISTRATOR" MEANS A PERSONAL REPRE­ SENTATIVE AS DESCRIBED BY SECTIONS 14-3614 THROUGH 14-3618."STATE" INCLUDES ANY STATE OF THE UNITED STATES, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO AND ANY TERRITORY OR POSSESSION SUBJECT TO THE LEGISLATIVE AUTHORITY OF THE UNITED STATES."SUCCESSOR PERSONAL REPRESENTATIVE" MEANS A PERSONAL REPRESENTATIVE, OTHER THAN A SPECIALADMINISTRATOR, WHO IS APPOINTED TO SUCCEED A PRE­ VIOUSLY APPOINTED PERSONAL REPRESENTATIVE."SUCCESSORS" MEAN THOSE PERSONS, OTHER THAN CREDITORS, WHO ARE ENTITLED TO PROPERTY OF A DECEDENT UNDER HIS WILL OR THIS TITLE."SUPERVISED ADMINISTRATION" REFERS TO THE PRO­ CEEDINGS DESCRIBED IN CHAPTER 3, ARTICLE 5."TESTACY PROCEEDING" MEANS A PROCEEDING TO ESTAB LISH A WILL OR DETERMINE INTESTACY."TRUST" INCLUDES ANY EXPRESS TRUST, PRIVATE OR CHARITABLE, WITH ADDITIONS THERETO, WHEREVER AND HOW­ EVER CREATED. IT ALSO INCLUDES A TRUST CREATED OR DETERMINED BY JUDGMENT OR DECREE UNDER WHICH THE TRUST IS TO BE ADMINISTERED IN THE MANNER OF AN EXPRESS TRUST. "TRUST" EXCLUDES OTHER CONSTRUCTIVE TRUSTS, AND IT EXCLUDES RESULTING TRUSTS, CONSERVATORSHIPS, PERSONAL REPRESENTATIVES, TRUST ACCOUNTS AS DEFINED IN CHAPTER 6, CUSTODIAL ARRANGEMENTS PURSUANT TO TITLE 44, CHAPTER 12.1, BUSINESS TRUSTS PROVIDING FOR CERTIFICATES TO BE ISSUED TO BENEFICIARIES, COMMON TRUST FUNDS, VOTING TRUSTS, SECURITY ARRANGEMENTS, LIQUIDATION TRUSTS AND TRUSTS FOR THE PRIMARY PURPOSE OF PAYING DEBTS, DIVIDENDS, INTEREST, SALARIES, WAGES, PROFITS, PENSIONS OR EMPLOYEE BENEFITS OF ANY KIND, AND ANY ARRANGEMENT UNDER WHICH A PERSON IS NOMINEE OR ESCROWEE FOR ANOTHER."TRUSTEE" INCLUDES AN ORIGINAL, ADDITIONAL OR SUCCESSOR TRUSTEE, WHETHER OR NOT APPOINTED OR CON­ FIRMED BY COURT."WARD" IS AS DEFINED IN SECTION 14-5101."WILL" INCLUDES CODICIL AND ANY TESTAMENTARY INSTRUMENT WHICH MERELY APPOINTS AN EXECUTOR OR REVOKES OR REVISES ANOTHER WILL.ARTICLE 3. SCOPE, JURISDICTION AND COURTS14-1301. Territorial applicationEXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, THE TITLE APPLIES TO:THE AFFAIRS AND ESTATES OF DECEDENTS, MISSING PERSONS AND PERSONS TO BE PROTECTED, DOMICILED IN THIS STATE.THE PROPERTY OF NONRESIDENTS LOCATED IN THIS STATE OR PROPERTY COMING INTO THE CONTROL OF A FIDUCIARY WHO IS SUBJECT TO THE LAWS OF THIS STATE.INCAPACITATED PERSONS AND MINORS IN THIS STATE.MULTIPLE-PARTY ACCOUNTS IN THIS STATE.TRUSTS SUBJECT TO ADMINISTRATION IN THIS STATE.

THIS TITLE DOES NOT APPLY TO PROPERTY OF INDIANS WITHIN THE JURISDICTION OF THEIR TRIBAL COURTS OR TO LANDS HELD IN TRUST BY THE UNITED STATES FOR INDIANS.

14-1302. Subject matter jurisdiction

1. TO THE FULL EXTENT PERMITTED BY THE CONSTITUTION, THE COURT HAS JURISDICTION OVER ALL SUBJECT MATTER RELATING TO:I. ESTATES OF DECEDENTS, INCLUDING CONSTRUCTION OF WILLS AND DETERMINATION OF HEIRS AND SUCCESSORS OF DECEDENTS, AND ESTATES OF PROTECTED PERSONS.PROTECTION OF MINORS AND INCAPACITATED PERSONS.TRUSTS.
2. THE COURT HAS FULL POWER TO MAKE ORDERS, JUDG­ MENTS AND DECREES AND TAKE ALL OTHER ACTION NECES­ SARY AND PROPER TO ADMINISTER JUSTICE IN THE MATTERS WHICH COME BEFORE IT INCLUDING POWER TO ENFORCE ORDERS AGAINST A FIDUCIARY BY CONTEMPT PROCEEDINGS AND TO COMPEL ACTION BY A FIDUCIARY BY BODY ATTACH­ MENT.

14-1303. Venue; multiple proceedings; transfer

1. WHERE A PROCEEDING UNDER THIS TITLE COULD BE MAINTAINED IN MORE THAN ONE PLACE IN THIS STATE, THE COURT IN WHICH THE PROCEEDING IS FIRST COMMENCED HAS THE EXCLUSIVE RIGHT TO PROCEED.
2. IF PROCEEDINGS CONCERNING THE SAME ESTATE, PRO­ TECTED PERSON, WARD OR TRUST ARE COMMENCED IN MORE THAN ONE COUNTY OF THIS STATE, THE COURT IN THE COUNTY IN WHICH THE PROCEEDING WAS FIRST COMMENCED SHALL CONTINUE TO HEAR THE MATTER, AND THE OTHER COURTS SHALL HOLD THE MATTER IN ABEYANCE UNTIL THE QUESTION OF VENUE IS DECIDED; AND IF THE RULING COURT DETER­ MINES THAT VENUE IS PROPERLY IN ANOTHER COUNTY, IT SHALL TRANSFER THE PROCEEDING TO THE OTHER COUNTY.
3. IF A COURT FINDS THAT IN THE INTEREST OF JUSTICE A PROCEEDING OR A FILE SHOULD BE LOCATED IN ANOTHER COUNTY OF THIS STATE, THE COURT MAKING THE FINDING MAY TRANSFER THE PROCEEDING OR FILE TO THE OTHER COUNTY.

14-1304. Practice in court

UNLESS SPECIFICALLY PROVIDED TO THE CONTRARY IN THIS TITLE OR UNLESS INCONSISTENT WITH ITS PROVISIONS, THE RULES OF CIVIL PROCEDURE INCLUDING THE RULES CON­ CERNING VACATION OF ORDERS AND APPELLATE REVIEW GOVERN FORMAL PROCEEDINGS UNDER THIS TITLE.

14-1305. Records and certified copies

THE CLERK OF THE COURT SHALL KEEP A RECORD FOR EACH DECEDENT, WARD, PROTECTED PERSON OR TRUST INVOLVED IN ANY DOCUMENT WHICH MAY BE FILED WITH THE COURT UNDER THIS TITLE INCLUDING PETITIONS AND APPLICATIONS, DEMANDS AND ANY ORDERS OR RESPONSES RELATING THERE­ TO BY THE REGISTRAR OR COURT, AND ESTABLISH AND MAINTAIN A SYSTEM FOR INDEXING, FILING OR RECORDING WHICH IS SUFFICIENT TO ENABLE USERS OF THE RECORDS TO OBTAIN ADEQUATE INFORMATION. UPON PAYMENT OF THE FEES REQUIRED BY LAW THE CLERK MUST ISSUE CERTIFIED COPIES OF ANY PROBATED WILLS, LETTERS ISSUED TO PER­ SONAL REPRESENTATIVES, OR ANY OTHER RECORD OR PAPER FILED OR RECORDED. CERTIFICATES RELATING TO PROBATED WILLS MUST INDICATE WHETHER THE DECEDENT WAS DOMI­ CILED IN THIS STATE AND WHETHER THE PROBATE WAS

FORMAL OR INFORMAL. CERTIFICATES RELATING TO LETTERS MUST SHOW THE DATE OF APPOINTMENT.

1 '+-1 306. Jury trial

1. IF DULY DEMANDED, A PARTY IS ENTITLED TO TRIAL BY JURY TN ANY PROCEEDING IN WHICH ANY CONTROVERTED QUESTION OF FACT ARISES AS TO WHICH ANY PARTY HAS A C:ONSTTTl TIONAL RIGHT TO TRIAL BY JURY.
2. IF THERE IS NO RIGHT TO TRIAL BY JURY UNDER SECTION A OR THE RIGHT rs WAIVED, THE COURT IN ITS DISCRETION

MAY (ALLA JURY TO DECIDE ANY ISSUE OF FACT, TN WHICH CASE THF VERDICT IS ADVISORY ONLY.

14-1307 Registrar; powers

THE ACTS AND ORDERS WHICH THIS TITLE SPECIFIES AS PERFOR'.1ABLE BY THE REGISTRAR SHALL BE PERFORMED BY A JUDGE, THE CLERK OF THE COURT, A COURT COMMISSIONER OR ANY OF SUCH AT THE SELECTION OF THE PRESIDING JUDGE OF THE COUNTY DESIGNATED BY THE COURT BY A WRITTEN ORDER FILED AND RECORDED IN THE OFFICE OF THE CLERK OF THECOl.:RT.

14-1308 (Blank)

J 4- l 30q (Blank)

14-1310. Oath <Jr affirmation on filed documents

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS TITLE OR BY RULE, EACH DOCUMENT FILED WITH THE COURT UNDER THIS TITLE INCLUDING APPLICATIONS, PETITIONS AND DE­ MANDS FOR NOTICE, SHALL BE DEEMED TO INCLUDE AN OATH, AFFIRMATION OR STATEMENT TO THE EFFECT THAT ITS REPRE­ SENTATIONS ARE TRUE AS FAR AS THE PERSON EXECUTING OR FILING IT KNOWS OR IS INFORMED. EACH DOCUMENT FILED WITH THE COURT UNDER THIS TITLE IS MATERIAL AND MAY SUBJECT THE PERSON EXECUTING OR FILING SUCH DOCUMENT TO PENALTIES UNDER THE PROVISIONS OF TITLE 13, CHAPTER 2, ARTICLE 30, RELATING TO PERJURY AND SUBORNATION OF PERJURY.

ARTICLE 4. NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS

14-1401. Notice; method and time of giving

1. IF NOTICE OF A HEARING ON ANY PETITION IS REQUIRED AND EXCEPT FOR SPECIFIC NOTICE REQUIREMENTS AS OTHER­ WISE PROVIDED, THE PETITIONER SHALL CAUSE NOTICE OF THE TIME AND PLACE OF HEARING OF ANY PETITION TO BE GIVEN TO ANY INTERESTED PERSON OR HIS ATTORNEY IF HE HAS APPEARED BY ATTORNEY OR REQUESTED THAT NOTICE BE SENT TO HIS ATTORNEY. NOTICE SHALL BE GIVEN EITHER:BY MAILING A COPY THEREOF AT LEAST FOURTEEN DAYS BEFORE THE TIME SET FOR THE HEARING BY CERTIFIED, REGISTERED OR ORDINARY FIRST CLASS MAIL ADDRESSED TO THE PERSON BEING NOTIFIED AT THE POST OFFICE ADDRESS GNEN IN HIS DEMAND FOR NOTICE, IF ANY, OR AT HIS OFFICE OR PLACE OF RESIDENCE, IF KNOWN.BY DELNERING A COPY THEREOF TO THE PERSON BEING NOTIFIED PERSONALLY AT LEAST FOURTEEN DAYS BEFORE THE TIME SET FOR THE HEARING.IF THE ADDRESS, OR IDENTITY OF ANY PERSON IS NOT KNOWN AND CANNOT BE ASCERTAINED WITH REASONABLE DILIGENCE, OR WHEN OTHERWISE REQUIRED UNDER THIS TITLE, BY PUBLISHING AT LEAST THREE TIMES, A COPY THERE­ OF IN A NEWSPAPER HAYING GENERAL CIRCULATION IN THE COUNTY WHERE THE HEARING IS TO BE HELD, THE FIRST PUBLICATION OF WHICH IS TO BE AT LEAST TEN DAYS BEFORE THE TIME SET FOR THE HEARING.
2. THE COURT FOR GOOD CAUSE SHOWN MAY PROVIDE FOR A DIFFERENT METHOD OR TIME OF GIVING NOTICE FOR ANY HEARING.
3. PROOF OF THE GNING OF NOTICE SHALL BE MADE AT OR BEFORE THE HEARING AND FILED IN THE PROCEEDING.14-1402. Notice; waiverA PERSON, INCLUDING A GUARDIAN AD LITEM, CONSERVATOR OR OTHER FIDUCIARY, MAY WAIVE NOTICE BY A WRITING SIGNED BY HIM OR HIS ATTORNEY AND FILED IN THE PROCEEDING.14-1403. Pleadings; when parties bound by others; noticeIN FORMAL PROCEEDINGS INVOLVING TRUSTS OR ESTATES OF DECEDENTS, MINORS, PROTECTED PERSONS OR INCAPACITATED PERSONS, AND IN JUDICIALLY SUPERVISED SETTLEMENTS, THE FOLLOWING APPLY:INTERESTS TO BE AFFECTED SHALL BE DESCRIBED IN PLEADINGS WHICH GIVE REASONABLE INFORMATION TO OWNERS BY NAME OR CLASS, BY REFERENCE TO THE INSTRU­ MENT CREATING THE INTERESTS OR IN OTHER APPROPRIATE MANNER.PERSONS ARE BOUND BY ORDERS BINDING OTHERS IN THE FOLLOWING CASES:ORDERS BINDING THE SOLE HOLDER OR ALL CO-HOLDERS OF A POWER OF REVOCATION OR A PRESENTLY EXERCISABLE GENERAL POWER OF APPOINTMENT, INCLUDING ONE IN THE FORM OF A POWER OF AMENDMENT, BIND OTHER PERSONS TO THE EXTENT THEIR INTERESTS, AS OBJECTS, TAKERS IN DE­ FAULT OR OTHERWISE, ARE SUBJECT TO THE POWER.TO THE EXTENT THERE IS NO CONFLICT OF INTEREST BETWEEN THEM OR AMONG PERSONS REPRESENTED:ORDERS BINDING A CONSERVATOR BIND THE PERSON WHOSE ESTATE HE CONTROLS.ORDERS BINDING A GUARDIAN BIND THE WARD IF NO CONSERVATOR OF HIS ESTATE HAS BEEN APPOINTED.ORDERS BINDING A TRUSTEE BIND BENEFICIARIES OF THE TRUST IN PROCEEDINGS TO PROBATE A WILL ESTABLISHING OR ADDING TO A TRUST, TO REVIEW THE ACTS OR ACCOUNTS OF A PRIOR FIDUCIARY AND IN PROCEEDINGS INVOLVING CRED­ ITORS OR OTHER THIRD PARTIES.ORDERS BINDING A PERSONAL REPRESENTATIVE BIND PERSONS INTERESTED IN THE UNDISTRIBUTED ASSETS OF A DECEDENT'S ESTATE IN ACTIONS OR PROCEEDINGS BY OR AGAINST THE ESTATE. IF THERE IS NO CONFLICT OF INTEREST AND NO CONSERVATOR OR GUARDIAN HAS BEEN APPOINTED, A PARENT MAY REPRESENT HIS MINOR CHILD.AN UNBORN OR UNASCERTAINED PERSON WHO IS NOT OTHERWISE REPRESENTED IS BOUND BY AN ORDER TO THE EXTENT HIS INTEREST IS ADEQUATELY REPRESENTED BY ANOTHER PARTY HAVING A SUBSTANTIALLY IDENTICAL INTER­ EST IN THE PROCEEDING.NOTICE IS REQUIRED AS FOLLOWS:NOTICE AS PRESCRIBED BY SECTION 14-1401 SHALL BE GNEN TO EVERY INTERESTED PERSON OR TO ONE WHO CAN BIND AN INTERESTED PERSON AS DESCRIBED IN PARAGRAPH 2, SUBDNISION (a) OR (b) OF THIS SECTION. NOTICE MAY BE GIVEN BOTH TO A PERSON AND TO ANOTHER WHO MAY BIND HIM.NOTICE IS GIVEN TO UNBORN OR UNASCERTAINED PER­ SONS WHO ARE NOT REPRESENTED UNDER PARAGRAPH 2, SUBDIVISION (a) OR (b) OF THIS SECTION, BY GIVING NOTICE TO ALL KNOWN PERSONS WHOSE INTERESTS IN THE PROCEEDINGS ARE SUBSTANTIALLY IDENTICAL TO THOSE OF THE UNBORN OR UNASCERTAINED PERSONS.AT ANY POINT IN A PROCEEDING, A COURT MAY APPOINT A GUARDIAN AD LITEM TO REPRESENT THE INTEREST OF A MINOR, AN INCAPACITATED, UNBORN OR UNASCERTAINED PERSON, OR A PERSON WHOSE IDENTITY OR ADDRESS IS UNKNOWN, IF THE COURT DETERMINES THAT REPRESENTATION OF THE INTEREST OTHERWISE WOULD BE INADEQUATE. IF NOT PRECLUDED BY CONFLICT OF INTERESTS, A GUARDIAN AD LITEM MAY BE APPOINTED TO REPRESENT SEVERAL PERSONS OR INTERESTS. THE COURT SHALL SET OUT ITS REASONS FOR APPOINTING A GUARDIAN AD LITEM AS A PART OF THE RECORD OF THE PROCEEDING.CHAPTER2INTESTATE SUCCESSION AND WILLS ARTICLE 1. INTESTATE SUCCESSION14-2101. Intestate estateANY PART OF THE ESTATE OF A DECEDENT NOT EFFECTIVELY DISPOSED OF BY HIS WILL PASSES TO HIS HEIRS AS PRESCRIBED IN THE FOLLOWING SECTIONS OF THIS TITLE.14-2102. Intestate share of surviving spouseTHE FOLLOWING PART OF THE INTESTATE ESTATE, AS TO BOTH SEPARATE PROPERTY AND THE ONE-HALF OF COMMUNITY PROPERTY WHICH BELONGS TO DECEDENT, PASSES TO THE SURVIVING SPOUSE: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.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 WHICH BELONGED TO THE DECEDENT.14-2103. Share of heirs other than surviving spouseTHE PART OF THE INTESTATE ESTATE NOT PASSING TO THE SURVIVING SPOUSE UNDER SECTION 14-2102, OR THE ENTIRE INTESTATE ESTATE IF THERE IS NO SURVIVING SPOUSE,PASSES AS FOLLOWS:TO THE ISSUE OF THE DECEDENT.IF THERE IS NO SURVIVING ISSUE, TO THE DECEDENT'S PARENT OR PARENTS EQUALLY.IF THERE IS NO SURVIVING ISSUE OR PARENT, TO THE ISSUE OF THE DECEDENT'S PARENTS.IF THERE IS NO SURVIVING ISSUE, PARENT OR ISSUE OF A PARENT, BUT THE DECEDENT IS SURVIVED BY ONE OR MORE GRANDPARENTS OR ISSUE OF GRANDPARENTS, HALF OF THE ESTATE PASSES TO THE PATERNAL GRANDPARENT OR GRAND­ PARENTS EQUALLY, OR TO THEIR ISSUE IF BOTH GRAND­ PARENTS ARE DECEASED; THE OTHER HALF PASSES TO MATER­ NAL GRANDPARENTS OR THEIR ISSUE IN THE SAME MANNER. IF THERE IS NO SURVIVING GRANDPARENT OR ISSUE ON EITHER THE PATERNAL OR MATERNAL SIDE, THE ENTIRE ESTATE PASSES TO THE RELATIVES ON THE OTHER SIDE IN THE SAME MANNER AS THE HALF.WHENEVER THE HEIRS ARE ISSUE OF THE DECEDENT, OR OF HIS PARENTS, OR OF HIS GRANDPARENTS, THE ISSUE TAKE

EQUALLY IF THEY ARE ALL OF THE SAME DEGREE OF KINSHIP TO THE DECEDENT; BUT IF THEY ARE OF UNEQUAL DEGREE, THEN THOSE OF MORE REMOTE DEGREE TAKE BY REPRESEN­ TATION AS PROVIDED IN SECTION 14-2106.

14-2104. Requirement that heir survive decedent for one hundred twenty hours

FOR PURPOSES OF INTESTATE SUCCESSION, THE ALLOWANCE IN LIEU OF HOMESTEAD AND EXEMPT PROPERTY, ANY PERSON WHO FAILS TO SURVIVE THE DECEDENT BY ONE HUNDRED TWENTY HOURS IS DEEMED TO HAVE PREDECEASED THE DE­ CEDENT AND THE DECEDENT'S HEIRS ARE DETERMINED ACCORDINGLY. IF THE TIME OF DEATH OF THE DECEDENT OR OF THE PERSON WHO WOULD OTHERWISE BE AN HEIR, OR THE TIMES OF DEATH OF BOTH, CANNOT BE DETERMINED, AND IT CANNOT BE ESTABLISHED THAT THE PERSON WHO WOULD OTHERWISE BE AN HEIR HAS SURVIVED THE DECEDENT BY ONE HUNDRED TWENTY HOURS, IT IS DEEMED THAT THE PERSON FAILED TO SURVIVE FOR THE REQUIRED PERIOD. THIS SECTION IS NOT TO BE APPLIED WHERE ITS APPLICATION WOULD RESULT IN A TAKING OF INTESTATE ESTATE BY THE STATE UNDER SECTION 14-2105.

14-2105. No taker

IF THERE IS NO TAKER UNDER THE PROVISIONS OF THIS CHAPTER, THE INTESTATE ESTATE PASSES TO THE STATE.

14-2106. Representation

IF REPRESENTATION IS CALLED FOR BY THIS TITLE, THE ESTATE IS DIVIDED INTO AS MANY SHARES AS THERE ARE SURVIVING HEIRS IN THE NEAREST DEGREE OF KINSHIP AND DECEASED PERSONS IN THE SAME DEGREE WHO LEFT ISSUE WHO SURVIVE THE DECEDENT, EACH SURVIVING HEIR IN THE NEAREST DEGREE RECEIVING O E SHARE AND THE SHARE OF EACH DECEASED PERSON IN THE SAME DEGREE BEING DIVIDED AMONG HIS ISSUE IN THE SAME MANNER.

14-2107. Kindred of half blood

SECTION 14-2103 INCLUDES ISSUE OF ONE PARENT AND ISSUE OF ONE GRANDPARENT. RELATIVES OF THE HALF BLOOD

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LAWS OF ARIZONA

INHERIT THE SAME SHARE THEY WOULD INHERIT IF THEY WERE OF THE WHOLE BLOOD.

14-2108. Afterborn heirs

RELATIVES OF THE DECEDENT CONCEIVED BEFORE HIS DEATH BUT BORN THEREAFTER INHERIT AS IF THEY HAD BEEN BORN IN THE LIFETIME OF THE DECEDENT.

14-2109. Meaning of child and related terms

IF, FOR PURPOSES OF INTESTATE SUCCESSION, A RELATIONSHIP OF PARENT AND CHILD MUST BE ESTABLISHED TO DETERMINE SUCCESSION BY, THROUGH OR FROM A PERSON:

1. AN ADOPTED PERSON IS THE CHILD OF AN ADOPTING PARENT AND NOT OF THE NATURAL PARENTS EXCEPT THAT ADOPTION OF A CHILD BY THE SPOUSE OF A NATURAL PARENT HAS NO EFFECT ON THE RELATIONSHIP BETWEEN THE CHILD AND THAT NATURAL PARENT.
2. IN CASES NOT COVERED BY PARAGRAPH 1, A PERSON BORN OUT OF WEDLOCK IS A CHILD OF THE MOTHER. THAT PERSON IS ALSO A CHILD OF THE FATHER, IF EITHER:

1. THE NATURAL PARENTS PARTICIPATED IN A MARRIAGE CEREMONY BEFORE OR AFTER THE BIRTH OF THE CHILD, EVEN THOUGH THE ATTEMPTED MARRIAGE IS VOID.
2. THE PATERNITY IS ESTABLISHED BY AN ADJUDICATION BEFORE THE DEATH OF THE FATHER OR IS ESTABLISHED THEREAFTER BY CLEAR AND CONVINCING PROOF, EXCEPT THAT THE PATERNITY ESTABLISHED UNDER THIS SUBDIVISION IS INEFFECTIVE TO QUALIFY THE FATHER OR HIS KINDRED TO INHERIT FROM OR THROUGH THE CHILD UNLESS THE FATHER HAS OPENLY TREATED THE CHILD AS HIS, AND HAS NOT REFUSED TO SUPPORT THE CHILD.

14-2110. Advancements

IF A PERSON DIES INTESTATE AS TO ALL HIS ESTATE, PROPERT