Sponsors: Representatives Voss, Brotherton, Senator
Richardson: et al
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Committee on Judiciary
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Caucus and COW
As Passed the House
Modifies
Arizona probate law to be more consistent with the Uniform Probate Act.
Provisions
·Clarifies language relating to intestate succession by
a child’s natural parent or natural parent’s kindred.
·Permits the statutory homestead allowance to be claimed
against nonprobate transfers if the estate is insufficient.Specifies that a survivorship interest in a
joint tenancy of real estate is considered a nonprobate transfer.
·Permits the statutory exempt property allowance to be
claimed against nonprobate transfers if the estate is insufficient.Specifies that if there is no surviving
spouse the allowance will only be available to minor and dependent children of
the decedent.
·Permits the statutory family allowance to be claimed
against nonprobate transfers if the estate is insufficient.
·Specifies that property passes to the decedent’s
beneficiaries in the proportion allowed by the laws of intestate succession.
·Removes language specifying that proceedings affecting
devolution and administration of probate are governed by the rules of civil
procedure.
·Increases the time within which an applicant for
informal probate must send written notice of the application to heirs and
devisees from ten to thirty days.
·Provides a procedure for collecting statutory
allowances and debts of a decedent from nonprobate transfers.
·Adds new ARS section 14-6102 that prioritizes payment
of claims from nonprobate transfers.
·Adds new ARS section 14-6103 setting forth procedures
for giving notice of death of the settlor of a nontestamentary trust to
creditors.
·Repeals ARS section 14-6215 relating to rights of
creditors and obligation of surviving party or beneficiary.Also repeals ARS section 14-6309 relating to
nontestamentary transfers on death.
·Provides that this act does not affect the rights of
persons under a domestic relations agreement or order that took effect prior to
the effective date of this act.