Arizona § 14-3102 Necessity of statement or order of probate for will; exception

Arizona Statutes

§ 14-3102 — Necessity of statement or order of probate for will; exception

Arizona § 14-3102

Title 14Arizona Revised Statutes

Ch. 3PROBATE OF WILLS AND ADMINISTRATION

Art. 1General Provisions

This text of Arizona § 14-3102 (Necessity of statement or order of probate for will; exception) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 14-3102 (2026).

Text

Except as provided in section 14-3971, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by a statement of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if both:

1.No court proceeding concerning the succession or administration of the estate has occurred.

2.Either the devisee or his successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.

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Except as provided in section 14-3971, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by a statement of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if both:

1. No court proceeding concerning the succession or administration of the estate has occurred.

2. Either the devisee or his successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.