A. 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 chapter, except as modified by the decedent’s will.

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Terms Used In Arizona Laws 14-2101

  • Decedent: A deceased person.
  • Intestate: Dying without leaving a will.
  • Person: means an individual or an organization. See Arizona Laws 14-1201
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • 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

B. A decedent by will may expressly exclude or limit the right of a person or class to succeed to property of the decedent that passes by intestate succession. If that person or a member of that class survives the decedent, the share of the decedent’s intestate estate to which that person or class would have succeeded passes as if that person or each member of that class had disclaimed that person’s intestate share.