ARIZONA STATE SENATE
Phoenix, Arizona
probate
Modifies Arizona probate law
to improve consistency with the Uniform Probate Code.
The National Conference of Commissioners on Uniform State Laws (NCUSL) is a nongovernmental body that was formed in 1892 for the purpose of promoting uniformity in state laws “on all subjects where uniformity is deemed desirable and practicable.” The commissioners of the NCUSL oversee the preparation of Uniform Laws that all states are encouraged to adopt. The Uniform Laws are legislative proposals for state legislatures to consider. One of the Uniform Laws is the Uniform Probate Code.
Like other states, Arizona has Governor-appointed commissioners on the NCUSL. An Arizona Uniform Laws Commissioner and the State Bar of Arizona have identified changes in the Uniform Probate Code that they believe should be adopted into Arizona law. H.B. 2279 makes Arizona law more consistent with both existing and new Uniform Probate Code provisions.
There is no known fiscal impact upon the state general fund.
Provisions
1. Clarifies language relating to intestate succession by a child’s natural parent or natural parent’s kindred.
2. Permits the statutory allowances for homestead, exempt property and family allowance to be claimed against nonprobate transfers if the estate is insufficient.
3. Specifies that a survivorship interest in a joint tenancy of real estate is considered a nonprobate transfer.
4. Specifies that property passes to the decedent’s beneficiaries in the proportion allowed by the laws of intestate succession.
5. Removes language specifying that proceedings affecting devolution and administration of probate are governed by the rules of civil procedure.
6. Increases the time within which an applicant for informal probate must send written notice of the application to heirs and devisees from ten to 30 days.
7. Provides a procedure for collecting statutory allowances and debts of a decedent from nonprobate transfers and prioritizes payment of claims from nonprobate transfers.
8. Sets forth procedures for giving notice of death of the settlor of a nontestamentary trust to creditors.
9. 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.
10. Makes technical and conforming changes.
11. Provides for a general effective date.
House Action
JUD 1/16/01 10-0-0-0
3rd Read 1/30/01 59-0-1-0
Prepared by Senate Staff
February 23, 2001