House of Representatives

HB 2279

probate

Sponsors: Representatives Voss, Brotherton, Senator Richardson: et al

dp	Committee on Judiciary
DPA	Caucus and COW
X	As Transmitted to the Governor

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.

· Makes technical and conforming changes.

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· 44th Legislature

· Second Regular Session 2 April 5, 2001

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