Arizona Revised Statutes

Ariz. Rev. Stat. § 14-2604 (2026)

Failure of testamentary provision; effect

✓ current as of May 2026

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A. Except as provided in section 14-2603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.

B. Except as provided in section 14-2603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.

Notes of Decisions

Cited in 4 cases, 1994–2008 · leading case: Zilles v. Am. Legion, 200 P.3d 1024 (Ariz. Ct. App. 2008).

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Zilles v. Am. Legion, 200 P.3d 1024 (Ariz. Ct. App. 2008). · cites it 14× “¶ 17 This holding was later codified into A.R.S. § 14-2604. A.R.S. § 14-2604(B) (2005) (“Except as provided in § 14-2603, 4 if the residue is devised to two or more persons, 5 the share of a residuary devisee that fails for any reason passes to the other residuary devisee or to…”

In Re Est. of Zilles, 200 P.3d 1024 (Ariz. Ct. App. 2008). · cites it 14× “¶ 17 This holding was later codified into A.R.S. § 14-2604. A.R.S. § 14-2604(B) (2005) ("Except as provided in § 14-2603, [4] if the residue is devised to two or more persons, [5] the share of a residuary devisee that fails for any reason passes to the other residuary devisee or…”

In Re Est. of McFarland, 167 S.W.3d 299 (Tenn. 2005). · cites it 2× “Code § 43-8-225(b) (1982); Ariz.Rev.Stat. § 14-2604 (2005); Colo.Rev.”

Mallett v. Mallett, 873 P.2d 715 (Ariz. Ct. App. 1994). · cites it 2× “A.R.S. § 14-2604. Appellant argues that the condition was an inducement, citing a number of cases in which similar language has been so interpreted and relying as well on evidence presented at an evidentiary hearing.”

— Ariz. Rev. Stat. § 14-2604(B) — 2 cases

Zilles v. Am. Legion, 200 P.3d 1024 (Ariz. Ct. App. 2008). “¶ 17 This holding was later codified into A.R.S. § 14-2604. A.R.S. § 14-2604(B) (2005) (“Except as provided in § 14-2603, 4 if the residue is devised to two or more persons, 5 the share of a residuary devisee that fails for any reason passes to the other residuary devisee or to…”

In Re Est. of Zilles, 200 P.3d 1024 (Ariz. Ct. App. 2008). “¶ 17 This holding was later codified into A.R.S. § 14-2604. A.R.S. § 14-2604(B) (2005) ("Except as provided in § 14-2603, [4] if the residue is devised to two or more persons, [5] the share of a residuary devisee that fails for any reason passes to the other residuary devisee or…”

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