A. The power of a person to leave property by will, and the rights of creditors, devisees and heirs to his property are subject to the restrictions and limitations contained in this title to facilitate the prompt settlement of estates. Upon the death of a person, his separate property and his share of community property devolves to the persons to whom the property is devised by his last will, or to those indicated as substitutes for them in cases involving lapse, renunciation or other circumstances affecting the devolution of testate estates, or in the absence of testamentary disposition to his heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting the devolution of intestate estates. The devolution of separate property and decedent's share of community property is subject to rights to the allowance in lieu of homestead, exempt property and family allowance, to rights of creditors and to administration as provided in this title. In addition, the surviving spouse's share of the community property is subject to administration until the time for presentation of claims has expired, and thereafter only to the extent necessary to pay community claims.
B. If a husband and wife both die, and the administration of one of their estates is not completed prior to commencement of administration of the other, their estates may be combined in a single administration with the same personal representative, if feasible. A single application or petition may be made to obtain appointment of a personal representative and to determine testacy. If their estates devolve as if each spouse survived the other because of application of section 14-2702, and their estates are not combined, half of their community property is subject to administration in each estate and community claims will be charged ratably to each half of the community property.
Notes of Decisions
Roberts v. Robert, 158 P.3d 899 (Ariz. Ct. App. 2007).
· cites it 5× “A.R.S. § 14-3101 and § 14 — 3901 are virtually identical to § 3-101 and § 3-901, respectively, of the Uniform Probate Code.”
Matter of Est. of Johnson, 811 P.2d 360 (Ariz. Ct. App. 1991).
· cites it 2× “Appellant argues that the time when devised property vests is controlled by A.R.S. § 14-3101, which provides, in part, as follows: Upon the death of a person, his separate property and his share of community property devolves to the persons to whom the property is devised by his…”
Matter of Est. of Shano, 869 P.2d 1203 (Ariz. Ct. App. 1993).
· cites it 3× “See A.R.S. § 14-3101(A) (community property is subject to administration only to extent necessary to pay community claims).”
Jordan v. Burgbacher, 883 P.2d 458 (Ariz. Ct. App. 1994).
· cites it 2× “§ 14r-2801 (renunciation of succession); A.R.S. § 14-3101 (probate of wills and estate administration).”
N. Trust Bank of Arizona, N.A. v. Goodman, 23 P.3d 108 (Ariz. Ct. App. 2001).
· cites it 2× “Upon the death of a person, his separate property and his share of community property devolves to the persons 2 to whom the property is devised by his last will, or to those indicated as substitutes for them in cases involving lapse, renunciation or other circumstances affecting…”
In Re the Est. of Fred N. Kirkes, 295 P.3d 432 (Ariz. 2013).
· cites it 2× “A.R.S. § 14-3101(A) (“Upon the death of a person, his *336 separate property and his share of community property devolves to the persons to whom the property is devised by his last will, .”
In the Matter of Estates of Spear, 845 P.2d 491 (Ariz. Ct. App. 1992).
“On a person’s death, only the separate property and the share of community property pass by succession.”
Snyder v. Tucson Police Pub. Saf. Pers. Ret. Sys. Bd., 32 P.3d 420 (Ariz. Ct. App. 2001).
· cites it 2× “” A.R.S. § 14-3101(A). Because the property passes by operation of law to the decedent’s devisees, Caren’s parents are not creditors or assignees of the plan for purposes of § 38-850(C).”
Samaritan Health Sys. v. Caldwell, 957 P.2d 1373 (Ariz. Ct. App. 1998).
· cites it 2× “A.R.S. § 14-3101(A) (1995). Even if the personal representative does not take the permitted steps to shorten the time for presentation of creditors’ claims to the estate, “a claim against a decedent’s estate arising before the death of the decedent presented more than two years…”
In Re the Est. of Kirkes, 273 P.3d 664 (Ariz. Ct. App. 2012).
· cites it 2× “And under A.R.S. § 14-3101(A), “the surviving spouse’s share of the community property is subject to [probate] administration.”
Fiduciary Servs., Inc. v. Shano, 869 P.2d 1203 (Ariz. Ct. App. 1993).
· cites it 3× “See AR.S. § 14-3101(A) (community property is subject to administration only to extent necessary to pay community claims).”
— Ariz. Rev. Stat. § 14-3101(A) — 11 cases
Matter of Est. of Shano, 869 P.2d 1203 (Ariz. Ct. App. 1993).
“See A.R.S. § 14-3101(A) (community property is subject to administration only to extent necessary to pay community claims).”
N. Trust Bank of Arizona, N.A. v. Goodman, 23 P.3d 108 (Ariz. Ct. App. 2001).
“Upon the death of a person, his separate property and his share of community property devolves to the persons 2 to whom the property is devised by his last will, or to those indicated as substitutes for them in cases involving lapse, renunciation or other circumstances affecting…”
In Re the Est. of Fred N. Kirkes, 295 P.3d 432 (Ariz. 2013).
“A.R.S. § 14-3101(A) (“Upon the death of a person, his *336 separate property and his share of community property devolves to the persons to whom the property is devised by his last will, .”
Roberts v. Robert, 158 P.3d 899 (Ariz. Ct. App. 2007).
“A.R.S. § 14-3101 and § 14 — 3901 are virtually identical to § 3-101 and § 3-901, respectively, of the Uniform Probate Code.”
In the Matter of Estates of Spear, 845 P.2d 491 (Ariz. Ct. App. 1992).
“On a person’s death, only the separate property and the share of community property pass by succession.”
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