The Arizona Revised Statutes have been updated to include the revised sections from the 55th Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 1st Regular Session, which convenes in January 2023.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
14-2104 - Heirs; surviving of decedent; time requirement; presumption; exception
<!Creation Date: 09/16/22>
<!Author: Arizona Legislative Council>
14-2104. Heirs; surviving of decedent; time requirement; presumption; exception
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 of homestead allowance, exempt property and intestate succession, and the decedent's heirs are determined accordingly.
B. If it is not established by clear and convincing evidence that a person who would otherwise be an heir survived the decedent by at least one hundred twenty hours, it is deemed that the individual failed to survive for the required period.
C. This section does not apply if its application would result in a taking of intestate estate by the state under section 14-2105.