A. This title shall be liberally construed and applied to promote its underlying purposes and policies.

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Terms Used In Arizona Laws 14-1102

  • Court: means the superior court. See Arizona Laws 14-1201
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Estate: includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Arizona Laws 14-1201
  • Incapacitated: means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority or other disabling cause. See Arizona Laws 14-9101
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • 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

B. The underlying purposes and policies of this title are:

1. To simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons.

2. To discover and make effective the intent of a decedent in distribution of his property.

3. To promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors.

4. To promote a speedy, efficient and inexpensive system for resolving disputes under chapter 5 of this title while ensuring that the due process and other constitutional rights of the persons subject to such proceedings are protected.

5. To provide just and appropriate remedies for parties who incur damages as the result of vexatious conduct, as defined by court rule, or other unreasonable conduct, during proceedings brought pursuant to this title, without impinging on the rights of individuals who are the subject of proceedings under chapter 5 of this title.

6. To facilitate use and enforcement of certain trusts.

7. To make uniform the law among the various jurisdictions.