In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by allowance in lieu of homestead, exemption or intestacy may establish title thereto by proof of the decedent‘s ownership, his death and their relationship to the decedent. Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement and ademption.

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Terms Used In Arizona Laws 14-3901

  • Decedent: A deceased person.
  • Dependent: A person dependent for support upon another.
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Intestate: Dying without leaving a will.
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Successors: means persons, other than creditors, who are entitled to property of a decedent under a will or this title. See Arizona Laws 14-1201
  • Will: includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. See Arizona Laws 14-1201