Arizona § 14-3902 Distribution; order in which assets appropriated; abatement

Arizona Statutes

§ 14-3902 — Distribution; order in which assets appropriated; abatement

Arizona § 14-3902

Title 14Arizona Revised Statutes

Ch. 3PROBATE OF WILLS AND ADMINISTRATION

Art. 9Special Provisions Relating to Distribution

This text of Arizona § 14-3902 (Distribution; order in which assets appropriated; abatement) 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. § 14-3902 (2026).

Text

A.Except as provided in subsection B, shares of distributees abate, without any preference or priority as between real and personal property, in the following order:

1.Property not disposed of by the will.

2.Residuary devises.

3.General devises.

4.Specific devises. For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of

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A. Except as provided in subsection B, shares of distributees abate, without any preference or priority as between real and personal property, in the following order:

1. Property not disposed of by the will.

2. Residuary devises.

3. General devises.

4. Specific devises.

For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.

B. If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection A, the shares of the distributees abate as may be found necessary to give effect to the intention of the testator.

C. If an estate of a decedent consists partly of separate property and partly of community property:

1. Community debts shall be charged against community property.

2. Separate debts shall be charged against separate property and against the balance of decedent's half of community property.

3. Expenses of administration shall be charged against separate property and decedent's half of community property in proportion to the relative value thereof, but any special expenses attributable to management of community property may be charged against the entire community property.

D. If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.