|
|
Court OpinionsState LawsAlabama US Code1 USC - General Provisions US Constitution |
Arizona Revised Statutes - Title 14 Trusts, Estates and Protective Proceedings - Chapter 2 Intestate Succession and WillsA. Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this... The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to... Any part of the intestate estate not passing to the decedent's surviving spouse under section 14-2102 or the entire intestate estate if there is no... A. A person who does not survive the decedent by at least one hundred twenty hours is deemed to have predeceased the decedent for purposes... If no one is qualified to claim the estate under this article, the intestate estate passes to the state. A. If under section 14-2103, paragraph 1 all or part of a decedent's intestate estate passes by representation to the decedent's descendants, that estate is... Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. 14-2108. After-born heirs; requirements A child in gestation at a particular time is treated as living at that time if the child lives at least... A. If a person dies intestate as to all or a portion of that person's estate, property the decedent gave during the decedent's lifetime to... A debt owed to a decedent is not charged against the intestate share of any person except the debtor. If the debtor fails to survive... No person is disqualified to take as an heir because that person or a person through whom that person claims is or has been an A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that... A. Except as provided in subsections B and C of this section, for the purposes of intestate succession, a person is the child of that... A. A surviving spouse may waive the person's homestead allowance, exempt property and family allowance rights in whole or in part either before or after... A. If a testator's surviving spouse married the testator after the testator executed a will, the surviving spouse is entitled to receive as an intestate... A. Except as provided in subsection C of this section, if a testator fails to provide by will for a child who is born or... This article applies to the estate of a decedent who dies domiciled in this state. Rights to homestead allowance, exempt property and family allowance for... A. A decedent's surviving spouse is entitled to a homestead allowance of eighteen thousand dollars. If there is no surviving spouse each minor child and... A. In addition to the homestead allowance, the decedent's surviving spouse is entitled from the estate to a value that is not more than seven... A. The decedent's surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by the... A. If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject to... A person who is eighteen years of age or older and who is of sound mind may make a will. A. Except as provided in sections 14-2503, 14-2506 and 14-2513, a will shall be: 1. In writing. 2. Signed by the testator or in the... A will that does not comply with section 14-2502 is valid as a holographic will, whether or not witnessed, if the signature and the material... 14-2504. Self-proved wills; sample form; signature requirements A. A will may be simultaneously executed, attested and made self-proved by its acknowledgment by the testator and... A. A person who is generally competent to be a witness may act as a witness to a will. B. The signing of a will... A written will is valid if executed in compliance with section 14-2502 or if its execution complies with the law at the time of execution... A. A testator may revoke a will in whole or in part: 1. By executing a subsequent will that revokes the previous will or part... Except as provided in sections 14-2803 and 14-2804, a change of circumstances does not revoke a will or any part of it. A. If a testator revokes a subsequent will that wholly revoked a previous will under section 14-2507, subsection A, paragraph 2, the previous will remains... A testator may incorporate a written document into the testator's will by reference if the following requirements are met: 1. The document exists at the... A. A will may validly devise property to the trustee of a trust established or to be established: 1. During the testator's lifetime by the... A will may dispose of property by reference to acts, such as the execution or revocation of another person's will, that have significance apart from... A. Notwithstanding section 14-2503 relating to holographic wills, a will may refer to a written statement or list to dispose of items of tangible personal... A. After December 31, 1994, a person may enter into a contract to make a will or devise or not to revoke a will or... A. After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall... A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable... In the absence of a finding of a contrary intention, the rules of construction in this article control the construction of a will. A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's A. If a devisee fails to survive the testator and is a grandparent, a descendant of a grandparent or a stepchild of either the testator... A. Except as provided in section 14-2603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.... A. If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise... A. A specific devisee has a right to the specifically devised property in the testator's estate at death and to the following: 1. Any balance... Subject to any mortgage interest existing at the date of death, a specific devise passes without right of exoneration, regardless of a general directive in... In the absence of a requirement that a power of appointment be exercised by a reference or by an express or specific reference to that... A. Property a testator gave to a person while the testator was alive is treated as a satisfaction of a devise in whole or in... In the absence of a finding of a contrary intention, the rules of construction in this article control the construction of a governing instrument. The... A. For the purposes of this article, except as provided in subsection D of this section, a person who is not established by clear and... The meaning and legal effect of a governing instrument is determined by the local law of the state selected in the governing instrument unless the... If a governing instrument that creates a power of appointment expressly requires that the power be exercised by a reference, an express reference or a... A. A person who is adopted or born out of wedlock and that person's descendants, if appropriate to the class, are included in class gifts... A. If a beneficiary fails to survive the decedent and is a grandparent, a descendant of a grandparent or a stepchild of the decedent, the... A. A future interest under the terms of a trust is contingent on the beneficiary surviving the distribution date. If a beneficiary of a future... If a class gift in favor of descendants, issue or heirs of the body does not specify the manner in which the property is to... A. If an applicable statute or a governing instrument calls for property to be distributed by representation or per capita at each generation, the property... The common law doctrine of worthier title is not recognized in this state. Therefore, language in a governing instrument that describes the beneficiaries of a... A. If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in... A. A proponent of a governing instrument has the burden of establishing prima facie proof of due execution in all cases. B. It is a... A. A person who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by... A. A person who feloniously and intentionally kills the decedent forfeits all benefits under this chapter with respect to the decedent's estate, including an intestate... A. Except as provided by the express terms of a governing instrument, a court order or a contract relating to the division of the marital... A. A nonvested property interest is invalid unless at least one of the following is true: 1. At the time the interest is created it... A. Except as provided in subsections B and C of this section and section 14-2905, subsection A, the time of creation of a nonvested property... On the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of... This article does not apply to: 1. A nonvested property interest or a power of appointment arising out of a nondonative transfer, except for a... A. Except as otherwise provided, this article applies to a nonvested property interest or a power of appointment that is created on or after December... This article applies notwithstanding common law rules against perpetuities or section 33-261. A. If a trust is for a specific lawful noncharitable purpose or for lawful noncharitable purposes to be selected by the trustee and there is... Last modified: February 19, 2012 |
|