Arizona Revised Statutes

Ariz. Rev. Stat. § 14-3102 (2026)

Necessity of statement or order of probate for will; exception

✓ current as of May 2026

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Except as provided in section 14-3971, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by a statement of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if both:

1. No court proceeding concerning the succession or administration of the estate has occurred.

2. Either the devisee or his successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.

Notes of Decisions

Cited in 2 cases, 1985–1985 · leading case: Matter of Est. of Wood, 710 P.2d 476 (Ariz. Ct. App. 1985).

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Matter of Est. of Wood, 710 P.2d 476 (Ariz. Ct. App. 1985). · cites it 2× “§ 3-102 (A.R.S. § 14-3102) also provide guidance. That section deals with the use of a will as evidence of the transfer of property.”

Hunt v. Wood, 710 P.2d 476 (Ariz. Ct. App. 1985). · cites it 2× “§ 3-102 (A.R.S. § 14-3102) also provide guidance. That section deals with the use of a will as evidence of the transfer of property.”

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