Arizona Revised Statutes (Last Updated: March 31, 2016) |
Title 14. Trusts, Estates and Protective Proceedings |
Chapter 3. PROBATE OF WILLS AND ADMINISTRATION |
Article 4. Formal Testacy and Appointment Proceedings |
Sec 14-3407. Formal testacy proceedings; burdens in contested cases
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In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue and heirship. Proponents of a will, if they are also petitioners, have the burden of establishing prima facie proof of death and venue. If a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.