A.R.S. § 14-3407: Formal testacy proceedings; burdens in contested cases
Where this section sits in the code
- Title 14 Trusts, Estates and Protective Proceedings
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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