Arizona § 14-3415 Lost and missing wills; wills probated in other jurisdictions

Arizona Statutes

§ 14-3415 — Lost and missing wills; wills probated in other jurisdictions

Arizona·Title 14 Arizona Revised Statutes·Ch. 3 PROBATE OF WILLS AND ADMINISTRATION·Art. 4 Formal Testacy and Appointment Proceedings

A.If an original will that was last seen in the possession of the testator cannot be found after the testator's death, the testator is presumed to have destroyed the will with the intention of revoking it. This presumption may be rebutted by a preponderance of the evidence. If this presumption arises and is not rebutted the will is revoked.

B.If a will is found to be valid and unrevoked and the original will is not available, its contents can be proved by a copy of the will and the testimony of at least one credible witness that the copy is a true copy of the original. It is not necessary for this person to be an attesting witness to the will.

C.If a will is found to be valid and unrevoked and a copy of the will is not available, its contents can be proved only by clear and convincing

Free access — add to your briefcase to read the full text and ask questions with AI

A. If an original will that was last seen in the possession of the testator cannot be found after the testator's death, the testator is presumed to have destroyed the will with the intention of revoking it. This presumption may be rebutted by a preponderance of the evidence. If this presumption arises and is not rebutted the will is revoked.

B. If a will is found to be valid and unrevoked and the original will is not available, its contents can be proved by a copy of the will and the testimony of at least one credible witness that the copy is a true copy of the original. It is not necessary for this person to be an attesting witness to the will.

C. If a will is found to be valid and unrevoked and a copy of the will is not available, its contents can be proved only by clear and convincing evidence. For this purpose it is not necessary for a witness to be an attesting witness to the will. On a finding of clear and convincing evidence of the contents of such a will, the court, by order, shall set forth the contents of the will in reasonable detail.

D. If a certified copy of the will, as probated in another jurisdiction, is not available, the contents of the will can be proved by a copy of the will and the testimony of at least one credible witness that the copy is a true copy of the original, as probated in the other jurisdiction. It is not necessary for this person to be an attesting witness to the will.

Arizona § 14-3415 (Lost and missing wills; wills probated in other jurisdictions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.