Arizona Revised Statutes

Ariz. Rev. Stat. § 14-2104 (2026)

Heirs; surviving of decedent; time requirement; presumption; exception

✓ current as of May 2026

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A. A person who does not survive the decedent by at least one hundred twenty hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property and intestate succession, and the decedent's heirs are determined accordingly.

B. If it is not established by clear and convincing evidence that a person who would otherwise be an heir survived the decedent by at least one hundred twenty hours, it is deemed that the individual failed to survive for the required period.

C. This section does not apply if its application would result in a taking of intestate estate by the state under section 14-2105.

Notes of Decisions

Cited in 2 cases, 2001–2002 · leading case: Unum Life Ins. Co. of Am. v. Craig, 26 P.3d 510 (Ariz. 2001).

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Unum Life Ins. Co. of Am. v. Craig, 26 P.3d 510 (Ariz. 2001). · cites it 2× “Arizona adopted this provision of the UPC in 1973 as A.R.S. § 14-2104 and later extended application of the rule to wills in A.”

Gillett-Netting v. Barnhart, 231 F. Supp. 2d 961 (D. Ariz. 2002). · cites it 2× “Under Arizona intestate succession laws, heirs must “survive” the decedent, A.R.S. § 14-2104(A), indicative that they must be in existence at the time of the decedent’s death.”

— Ariz. Rev. Stat. § 14-2104(A) — 1 case

Gillett-Netting v. Barnhart, 231 F. Supp. 2d 961 (D. Ariz. 2002). “Under Arizona intestate succession laws, heirs must “survive” the decedent, A.R.S. § 14-2104(A), indicative that they must be in existence at the time of the decedent’s death.”

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