In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue and heirship. Proponents of a will, if they are also petitioners, have the burden of establishing prima facie proof of death and venue. If a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.

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Terms Used In Arizona Laws 14-3407

  • Petition: means a written request to the court for an order after notice. See Arizona Laws 14-1201
  • Probate: Proving a will
  • Venue: The geographical location in which a case is tried.
  • 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

 

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