Ariz. Rev. Stat. » Title 14
Arizona Revised Statutes

Ariz. Rev. Stat. § 14-3407 (2026)

Formal testacy proceedings; burdens in contested cases

✓ current as of May 2026
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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.

 

Notes of Decisions
Cited in 6 cases, 1978–2011 · leading case: Est. of Blake v. Benza, 587 P.2d 271 (Ariz. Ct. App. 1978).
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Est. of Blake v. Benza, 587 P.2d 271 (Ariz. Ct. App. 1978). · cites it 2× “In the present case there has been no contention that the letter was not written and signed by the decedent.”
Zimmerman v. Allen, 250 P.3d 558 (Ariz. Ct. App. 2011). · cites it 4× “”) with A.R.S. § 14-3407 (Supp.2010) (“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.”
Harris Trust Bank of Az v. Superior Court, 933 P.2d 1227 (Ariz. Ct. App. 1996). “…consistent with this opinion. NOYES and PATTERSON, JJ., concur. 1 . The trial court erroneously cited to A.R.S. section 14-3407 in its minute entry.”
Matter of Est. of Muder, 751 P.2d 986 (Ariz. Ct. App. 1988). “Arizona Revised Statute § 14-3407 provides in relevant part: In contested cases .”
Lind v. Muder, 751 P.2d 986 (Ariz. Ct. App. 1987). “Arizona Revised Statute § 14-3407 provides in relevant part: In contested cases .”
In Re Est. of Waterloo, 250 P.3d 558 (Ariz. Ct. App. 2011). · cites it 4× “") with A.R.S. § 14-3407 (Supp. 2010) ("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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