House Bill 2002 AN ACT

RELATING TO DECEDENTS' ESTATES, GUARDIANSHIPS, PRO­

TECTIVE PROCEEDINGS AND TRUSTS; AMENDING SECTION 12-612, ARIZONA REVISED STATUTES; REPEALING TITLE 14, CHAPTER 1, CHAPTER 2 EXCEPT ARTICLE 2, CHAPTER 3,

CHAPTER 4 EXCEPT SECTION 14-477, CHAPTER 5 EXCEPT

SECTIONS 14-597 AND 14-598, CHAPTER 6 EXCEPT SECTION

14-898, CHAPTER 7 EXCEPT ARTICLES 7, 8 AND 9 AND CHAPTER 8, ARIZONA REVISED STATUTES; AMENDING ARIZONA REVISED STATUTES, BY ADDING ANEW TITLE 14; AMENDING SECTIONS 6-433, 6-508, 12-313, 12-1224, 12-1251,

12-2101, 25-201, 36-514, 36-523 AND 42-1526, ARIZONA REVISED STATUTES; TRANSFERRING TITLE 14, CHAPTER 2,

ARTICLE 2, ARIZONA REVISED STATUTES, FOR PLACEMENT IN THE NEW TITLE 14, CHAPTER 2, ARTICLE 8, ARIZONA REVISED STATUTES, AND RENUMBERING; AMENDING NEW SECTION 14-2808, ARIZONA REVISED STATUTES; TRANS­ FERRING SECTION 14-477, ARIZONA REVISED STATUTES, FOR PLACEMENT IN THE NEW TITLE 14, CHAPTER 3, ARTICLE 1, ARIZONA REVISED STATUTES, AND RENUM­ BERING; TRANSFERRING SECTIONS 14-597 AND 14-598, ARIZONA REVISED STATUTES, FOR PLACEMENT IN THE NEW TITLE 14, CHAPTER 3, ARTICLE 5, ARIZONA REVISED STATUTES, AND RENUMBERING; AMENDING NEW SECTIONS 14-3506 AND 14-3507, ARIZONA REVISED STATUTES; TRANS­ FERRING SECTION 14-898, ARIZONA REVISED STATUTES, FOR PLACEMENT IN TITLE 36, CHAPTER 5, ARTICLE 1, ARIZONA REVISED STATUTES, AND RENUMBERING; TRANS­ FERRING TITLE 14, CHAPTER 7, ARTICLES 7, 8 AND 9, ARIZONA REVISED STATUTES, FOR PLACEMENT IN THE NEW TITLE 14, CHAPTER 7, ARIZONA REVISED STATUTES, AS ARTICLES 4, 5 AND 6, AND RENUMBERING; AMENDING

NEW SECTIONS 14-7408, 14-7412 AND 14-7413, ARIZONA REVISED STATUTES, AND REPEALING SECTIONS 6-268, 6-431 AND 12-504, ARIZONA REVISED STATUTES.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Purpose

The legislature intends by this act to provide for a substantial revision of the laws relating to decedents' estates, guardianships, protective pro­ ceedings and trusts to become effective January 1, 1974.

Sec. 2. Section 12-612, Arizona Revised Statutes is amended to read: 12-612. Parties plaintiff; recovery; distribution

1. An action for wrongful death shall be brought by and in the name of the surviving husband or wife or personal representative of the deceased person for and on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent's estate.

2. The father, or in the case of his death or desertion of his family, the mother, may maintain the action for death of a child, and the guardian for death of his ward.

3. The amount recovered in an action for wrongful death shall be distributed to the parties provided for in subsection A -allil-i-R-t-he­ proportions providsd by law for dist n of personal estate left by- n-s-dy-ing--i-ntffi-a-t-e- IN PROPORTION TO THEIR DAMAGES, AND IF RECOVERY IS ON BEHALF OF THE DECEDENT'S ESTATE THE AMOUNT SHALL BE AN ASSET OF THE ESTATE.

4. The term "personal representative" as used in this section shall in­ clude any person to whom letters testamentary or of administration are granted by competent authority under the laws of this or any other state. The action for wrongful death may be maintained by any such personal representative without issuance of further letters, or other requirement or authorization of law.

Sec. 3. Repeals

Title 14, chapter 1, chapter 2 except article 2, chapter 3, chapter 4 except

section 14-477, chapter 5 except sections 14-597 and 14-598, chapter 6

except section 14-898, chapter 7 except articles 7, 8 and 9 and chapter 8,

Arizona Revised Statutes, are repealed.

Sec. 4. Arizona Revised Statutes are amended by adding a new title 14,

to read:

TITLE 14.

DECEDENTS' ESTATES, GUARDIANSHIPS, PROTECTIVE PROCEEDINGS AND TRUSTS

CHAPTER l.

GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURTS ARTICLE l. GENERAL PROVISIONS

14-1101. (Blank)

14-1102. Purposes; rule of construction

1. THIS TITLE SHALL BE LIBERALLY CONSTRUED AND APPLIED TO PROMOTE ITS UNDERLYING PURPOSES AND POLICIES.

2. THE UNDERLYING PURPOSES AND POLICIES OF THIS TITLE ARE:TO SIMPLIFY AND CLARIFY THE LAW CONCERNING THE AFFAIRS OF DECEDENTS, MISSING PERSONS, PROTECTED PERSONS, MINORS AND INCAPACITATED PERSONS.TO DISCOVER AND MAKE EFFECTIVE THE INTENT OF A DECEDENT IN DISTRIBUTION OF HIS PROPERTY.TO PROMOTE A SPEEDY AND EFFICIENT SYSTEM FOR LIQUIDATING THE ESTATE OF THE DECEDENT AND MAKING DISTRIBUTION TO HIS SUCCESSORS.TO FACILITATE USE AND ENFORCEMENT OF CERTAIN TRUSTS.TO MAKE UNIFORM THE LAW AMONG THE VARIOUS JURISDICTIONS.

14-1103. Supplementary general principles of law applicable

UNLESS DISPLACED BY THE PARTICULAR PROVISIONS OF THIS TITLE, THE PRINCIPLES OF LAW AND EQUITY SUPPLEMENT ITS PROVISIONS.14-1104.(Blank)14-1105.(Blank)14-1106.Effect of fraud and evasion

IF FRAUD HAS BEEN PERPETRATED IN CONNECTION WITH ANY PROCEEDING OR IN ANY STATEMENT FILED UNDER THIS TITLE OR IF FRAUD IS USED TO AVOID OR CIRCUMVENT THE PRO­ VISIONS OR PURPOSES OF THIS TITLE, ANY PERSON INJURED THEREBY MAY OBTAIN APPROPRIATE RELIEF AGAINST THE PERPETRATOR OF THE FRAUD OR RESTITUTION FROM ANY PERSON, OTHER THAN A BONA FIDE PURCHASER, BENEFITING FROM THE FRAUD, WHETHER INNOCENT OR NOT. ANY PRO­ CEEDING MUST BE COMMENCED WITHIN TWO YEARS AFTER THE DISCOVERY OF THE FRAUD, BUT NO PROCEEDING MAY BE BROUGHT AGAINST ONE NOT A PERPETRATOR OF THE FRAUD LATER THAN FIVE YEARS AFTER THE TIME OF COMMISSION OF THE FRAUD. THIS SECTION HAS NO BEARING ON REMEDIES RELATING TO FRAUD PRACTICED ON A DECEDENT DURING HIS LIFETIME WHICH AFFECTS THE SUCCESSION OF HIS ESTATE.

14-1107. Evidence as to death or status

IN PROCEEDINGS UNDER THIS TITLE THE RULES OF EVIDENCE IN COURTS OF GENERAL JURISDICTION INCLUDING ANY

RELATING TO SIMULTANEOUS DEATHS, ARE APPLICABLE UNLESS SPECIFICALLY DISPLACED BY THIS TITLE. IN ADDITION, THE FOLLOWING RULES RELATING TO DETERMINATION OF DEATH AND STATUS ARE APPLICABLE:

1. A CERTIFIED OR AUTHENTICATED COPY OF A DEATH CERTIFICATE PURPORTING TO BE ISSUED BY AN OFFICIAL OR AGENCY OF THE PLACE WHERE THE DEATH PURPORTEDLY OCCURRED IS PRIMA FACIE PROOF OF THE FACT, PLACE, DATE AND TIME OF DEATH AND THE IDENTITY OF THE DECEDENT.

2. A CERTIFIED OR AUTHENTICATED COPY OF ANY RECORD OR REPORT OF A GOVERNMENTAL AGENCY, DOMESTIC OR FOREIGN, THAT A PERSON IS MISSING, DETAINED, DEAD OR ALIVE IS PRIMA FACIE EVIDENCE OF THE STATUS AND OF THE DATES, CIRCUMSTANCES AND PLACES DISCLOSED BY THE RECORD OR REPORT.

3. A PERSON WHO IS ABSENT FOR A CONTINUOUS PERIOD OF FIVE YEARS, DURING WHICH HE HAS NOT BEEN HEARD FROM, AND WHOSE ABSENCE IS NOT SATISFACTORILY EXPLAINED AFTER DILIGENT SEARCH OR INQUIRY IS PRESUMED TO BE DEAD. HIS DEATH IS PRESUMED TO HAVE OCCURRED AT THE END OF THE PERIOD UNLESS THERE IS SUFFICIENT EVIDENCE FOR DETERMINING THAT DEATH OCCURRED EARLIER.14-1108. Acts by holder of general powerFOR THE PURPOSE OF GRANTING CONSENT OR APPROVAL WITH REGARD TO THE ACTS OR ACCOUNTS OF A PERSONAL REPRE­ SENTATIVE OR TRUSTEE, INCLUDING RELIEF FROM LIABILITY OR PENALTY FOR FAILURE TO POST BOND OR TO PERFORM OTHER DUTIES, AND FOR PURPOSES OF CONSENTING TO MODI­ FICATION OR TERMINATION OF A TRUST OR TO DEVIATION FROM ITS TERMS, THE SOLE HOLDER OR ALL CO-HOLDERS OF A PRESENTLY EXERCISABLE GENERAL POWER OF APPOINTMENT, INCLUDING ONE IN THE FORM OF A POWER OF AMENDMENT OR REVOCATION, ARE DEEMED TO ACT FOR BENEFICIARIES TO THE EXTENT THEIR INTERESTS, AS OBJECTS, TAKERS IN DEFAULT OR OTHERWISE, ARE SUBJECT TO THE POWER.ARTICLE 2. DEFINITIONS14-1201. General definitionsSUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN THE SUBSEQUENT CHAPTERS WHICH ARE APPLICABLE TO SPECIFIC CHAPTERS OR ARTICLES AND UNLESS THE CONTEXT OTHER­ WISE REQUIRES, IN THIS TITLE:"APPLICATION" MEANS A WRITTEN REQUEST TO THE REGISTRAR FOR AN ORDER OF INFORMAL PROBATE OR APPOINTMENT UNDER ARTICLE 3 OF CHAPTER 3."BENEFICIARY", AS IT RELATES TO TRUST BENEFICIARIES, INCLUDES A PERSON, WHETHER OR NOT IN BEING, WHO HAS ANY PRESENT OR FUTURE INTEREST, VESTED OR CONTINGENT, AND ALSO INCLUDES THE OWNER OF AN INTEREST BY ASSIGN­ MENT OR OTHER TRANSFER AND AS IT RELATES TO A CHARI­ TABLE TRUST, INCLUDES ANY PERSON ENTITLED TO ENFORCE THE TRUST."CHILD" INCLUDES ANY INDIVIDUAL ENTITLED TO TAKE AS A CHILD UNDER THIS TITLE BY INTESTATE SUCCESSION FROM THE PARENT WHOSE RELATIONSHIP IS INVOLVED AND EX­ CLUDES ANY PERSON WHO IS ONLY A STEPCHILD, A FOSTER CHILD, A GRANDCHILD OR ANY MORE REMOTE DESCENDANT."CLAIMS", IN RESPECT TO ESTATES OF DECEDENTS AND PROTECTED PERSONS, INCLUDE LIABILITIES OF THE DECEDENT OR PROTECTED PERSON WHETHER ARISING IN CONTRACT, IN TORT OR OTHERWISE, AND LIABILITIES OF THE ESTATE WHICH ARISE AT OR AFTER THE DEATH OF THE DECEDENT OR AFTER THE APPOINTMENT OF A CONSERVATOR, INCLUDING FUNERAL EXPENSES AND EXPENSES OF ADMINISTRATION. THE TERM DOES NOT INCLUDE ESTATE OR INHERITANCE TAXES, DEMANDS OR DISPUTES REGARDING TITLE OF A DECEDENT OR PRO­ TECTED PERSON TO SPECIFIC ASSETS ALLEGED TO BE IN­ CLUDED IN THE ESTATE."COMMUNITY PROPERTY" IS THAT PROPERTY OF A HUSBAND AND WIFE WHICH IS ACQUIRED DURING MARRIAGE AS COMMUNITY PROPERTY AS DEFINED IN SECTION 25-211."CONSERVATOR" MEANS A PERSON WHO IS APPOINTED BY A COURT TO MANAGE THE ESTATE OF A PROTECTED PERSON."COURT" MEANS THE SUPERIOR COURT."DEPENDENT CHILD" MEANS A MINOR CHILD WH0l'v1 THE DECEDENT WAS OBLIGATED TO SUPPORT OR AN ADULT CHILD WHO WAS IN FACT BEING SUPPORTED BY HIM AT THE TIME OF HIS DEATH."DEVISE", WHEN USED AS A NOUN, MEANS A TESTA­ MENTARY DISPOSITION OF REAL OR PERSONAL PROPEKTY AND WHEN USED AS A VERB, MEANS TO DISPOSE OF REAL OR PERSONAL PROPERTY BY WILL"DEVISEE" MEANS ANY PERSON DESIGNATED IN A WILL TO RECENE A DEVISE. IN THE CASE OF A DEVISE TO AN EXISTING TRUST OR TRUSTEE, OR TO A TRUSTEE ON TRUST DESCRIBED BY WILL, THE TRUST OR TRUSTEE IS THE DEVISEE AND THE BENEFICIARIES ARE NOT DEVISEES."DISABILITY" MEANS CAUSE FOR A PROTECTIVE ORDER AS DESCRIBED BY SECTION 14-5401."DISTRIBUTEE" MEANS ANY PERSON WHO HAS RECEIVED PROPERTY OF A DECEDENT FROM HIS PERSONAL REPRE­ SENTATIVE OTHER THAN AS A CREDITOR OR PURCHASER. A TESTAMENTARY TRUSTEE IS A DISTRIBUTEE ONLY TO THE EXTENT OF DISTRIBUTED ASSETS OR INCREMENT THERETO REMAINING IN HIS HANDS. A BENEFICIARY OF A TESTA­ MENTARY TRUST TO WHOM THE TRUSTEE HAS DISTRIBUTED PROPERTY RECENED FROM A PERSONAL REPRESENTATIVE IS A DISTRIBUTEE OF THE PERSONAL REPRESENTATIVE. FOR PUR­ POSES OF THIS PROVISION, "TESTAMENTARY TRUSTEE" IN­ CLUDES A TRUSTEE TO WHOM ASSETS ARE TRANSFERRED BY WILL, TO THE EXTENT OF THE DEVISED ASSETS.''ESTATE" MEANS ALL OF THE PROPERTY OF THE DECEDENT, TRUST OR OTHER PERSON WHOSE AFFAIRS ARE SUBJECT TO THIS TITLE AS ORIGINALLY CONSTITUTED AND AS IT EXISTS FROM TIME TO TIME DURING ADMINISTRATION. IN THE CASE OF A HUSBAND OR WIFE, THE ESTATE INCLUDES ONLY THE SEPARATE PROPERTY AND THE SHARE OF THE COMMUNITY PROPERTY BELONGING TO THE DECEDENT OR PERSON WHOSE AFFAIRS ARE SUBJECT TO THIS TITLE."EXEMPT PROPERTY" MEANS THAT PROPERTY OF A DECEDENT'S ESTATE WHICH IS DESCRIBED IN SECTION 14-2402.354 CH 75LAWS OF ARIZONA"FIDUCIARY" INCLUDES PERSONAL REPRESENTATIVE, GUARDIAN, CONSERVATOR AND TRUSTEE."FOREIGN PERSONAL REPRESENTATIVE" MEANS A PER­ SONAL REPRESENTATIVE OF ANOTHER JURISDICTION."FORMAL PROCEEDINGS" MEAN THOSE CONDUCTED BEFORE A JUDGE WITH NOTICE TO INTERESTED PERSONS."GUARDIAN" MEANS A PERSON WHO HAS QUALIFIED AS A GUARDIAN OF A MINOR OR INCAPACITATED PERSON PURSUANT TO TESTAMENTARY OR COURT APPOINTMENT, BUT EXCLUDES ONE WHO IS MERELY A GUARDIAN AD LITEM."HEIRS" MEAN THOSE PERSONS, INCLUDING THE SUR­ VIVING SPOUSE, WHO ARE ENTITLED UNDER THE STATUTES OF INTESTATE SUCCESSION TO THE PROPERTY OF A DECEDENT."INCAPACITATED PERSON" IS AS DEFINED IN SECTION 14-5101."INFORMAL PROCEEDINGS" MEAN THOSE CONDUCTED, WITHOUT NOTICE TO INTERESTED PERSONS, BY AN OFFICER OF THE COURT ACTING AS A REGISTRAR FOR PROBATE OF A WILL OR APPOINTMENT OF A PERSONAL REPRESENTATIVE."INTERESTED PERSON" INCLUDES HEIRS, DEVISEES, CHILDREN, SPOUSES, CREDITORS, BENEFICIARIES AND ANY OTHERS HAVING A PROPERTY RIGHT IN OR CLAIM AGAINST A TRUST ESTATE OR THE ESTATE OF A DECEDENT, WARD OR PROTECTED PERSON WHICH MAY BE AFFECTED BY THE PRO­ CEEDING. IT ALSO INCLUDES PERSONS HAVING PRIORITY FOR APPOINTMENT AS PERSONAL REPRESENTATIVE, AND OTHER FIDUCIARIES REPRESENTING INTERESTED PERSONS. THE MEAN­ ING AS IT RELATES TO PARTICULAR PERSONS MAY VARY FROM TIME TO TIME AND MUST BE DETERMINED ACCORDING TO THE PARTICULAR PURPOSES OF, AND MATTER INVOLVED IN, ANY PROCEEDING."ISSUE" OF A PERSON MEANS ALL HIS LINEAL DESCEN­ DANTS OF ALL GENERATIONS, WITH THE RELATIONSHIP OF PARENT AND CHILD AT EACH GENERATION BEING DETERi\1INED BY THE DEFINITIONS OF PARENT AND CHILD CONTAINED IN THIS TITLE.355LAWS OF ARIZONA"LEASE" INCLUDES AN OIL, GAS OR OTHER MINERAL LEASE."LETTERS" INCLUDE LETTERS TESTAMENTARY, LETTERS OF GUARDIANSHIP, LETTERS OF ADMINISTRATION AND LETTERS OF CONSERVATORSHIP."MINOR" MEANS A PERSON DEFINED AS SUCH IN SECTION 1-215."MORTGAGE" MEANS ANY CONVEYANCE, AGREEMENT OR ARRANGEMENT IN WHICH PROPERTY IS USED AS SECURITY."NONRESIDENT DECEDENT" MEANS A DECEDENT WHO WAS DOMICILED IN ANOTHER JURISDICTION AT THE TIME OF HIS DEATH."ORGANIZATION" INCLUDES A CORPORATION, GOVERN­ MENT OR GOVERNMENTAL SUBDIVISION OR AGENCY, BUSINESS TRUST, ESTATE, TRUST, PARTNERSHIP OR ASSOCIATION, TWO OR MORE PERSONS HAYING A JOINT OR COMMON INTEREST OR ANY OTHER LEGAL ENTITY."PARENT" INCLUDES ANY PERSON ENTITLED TO TAKE, OR WHO WOULD BE ENTITLED TO TAKE IF THE CHILD DIED WITHOUT A WILL, AS A PARENT UNDER THIS TITLE BY lNTE­ STATE SUCCESSION FROM THE CHILD WHOSE RELATIONSHIP IS IN QUESTION AND EXCLUDES ANY PERSON WHO IS ONLY A STEPPARENT, FOSTER PARENT OR GRANDPARENT."PERSON" MEANS AN INDIVIDUAL, A CORPORATION, AN ORGANIZATION OR OTHER LEGAL ENTITY."PERSONAL REPRESENTATIVE" INCLUDES EXECUTOR, ADMINISTRATOR, SUCCESSOR PERSON AL REPRESENTATIVE, SPECIAL ADMINISTRATOR AND PERSONS WHO PERFORM SUB­ STANTIALLY THE SAME FUNCTION UNDER THE LAW GOVERN­ ING THEIR STATUS. "GENERAL PERSONAL REPRESENTATIVE" EXCLUDES SPECIAL ADMINISTRATOR."PETITION" MEANS A WRITTEN REQUEST TO THE COURT FOR AN ORDER AFTER NOTICE."PROCEEDING" INCLUDES ACTION AT LAW AND SUIT IN EQUITY.CH-75LAWS OF ARIZONAlS. "PROPERTY" INCLUDES BOTH REAL AND PERSONAL PROP- 1RTY OR ANY INTEREST THEREIN AND MEANS ANYTHING THAT MAY BE THE SUBJECT OF OWNERSHIP."PROTECTED PERSON" IS AS DEFINED IN SECTION 14-5101."PROTECTIVE PROCEEDING" IS AS DEFINED IN SECTION 14-5101."REGISTRAR" REFERS TO THE OFFICIAL OF THE COURT DESIGNATED TO PERFORM THE FUNCTIONS OF REGISTRAR AS PROVIDED IN SECTION 14-1307."SECURITY" INCLUDES ANY NOTE, STOCK, TREASURY STOCK, BOND, DEBENTURE, EVIDENCE OF INDEBTEDNESS, CERTIFICATE OF INTEREST OR PARTICIPATION IN AN OIL, GAS OR MINING TITLE OR LEASE OR IN PAYMENTS OUT OF PRODUC­ TION UNDER SUCH A TITLE OR LEASE, COLLATERAL TRUST CERTIFICATE, TRANSFERABLE SHARE, VOTING TRUST CERTIFI­ CATE OR, lN GENERAL, ANY INTEREST OR INSTRUMENT COMMONLY KNOWN AS A SECURITY, OR ANY CERTIFICATE OF INTEREST OR PARTICIPATION, ANY TEMPORARY OR INTERIM CERTIFICATE, RECEIPT OR CERTIFICATE OF DEPOSIT FOR, OR ANY WARRANT OR RIGHT TO SUBSCRIBE TO OR PURCHASE ANY OF THE FOREGOING."SEPARATE PROPERTY" IS THAT PROPERTY OF A HUSBAND OR WIFE WHICH IS HIS OR HER SEPARATE PROPERTY AS DEFINED IN SECTION 25-213."SETTLEMENT", IN REFERENCE TO A DECEDENT'S ESTATE, INCLUDES THE FULL PROCESS OF ADMINISTRATION, DISTRI­ BUTION AND CLOSING."SPECIAL ADMINISTRATOR" MEANS A PERSONAL REPRE­ SENTATIVE AS DESCRIBED BY SECTIONS 14-3614 THROUGH 14-3618."STATE" INCLUDES ANY STATE OF THE UNITED STATES, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO AND ANY TERRITORY OR POSSESSION SUBJECT TO THE LEGISLATIVE AUTHORITY OF THE UNITED STATES."SUCCESSOR PERSONAL REPRESENTATIVE" MEANS A PERSONAL REPRESENTATIVE, OTHER THAN A SPECIALADMINISTRATOR, WHO IS APPOINTED TO SUCCEED A PRE­ VIOUSLY APPOINTED PERSONAL REPRESENTATIVE."SUCCESSORS" MEAN THOSE PERSONS, OTHER THAN CREDITORS, WHO ARE ENTITLED TO PROPERTY OF A DECEDENT UNDER HIS WILL OR THIS TITLE."SUPERVISED ADMINISTRATION" REFERS TO THE PRO­ CEEDINGS DESCRIBED IN CHAPTER 3, ARTICLE 5."TESTACY PROCEEDING" MEANS A PROCEEDING TO ESTAB LISH A WILL OR DETERMINE INTESTACY."TRUST" INCLUDES ANY EXPRESS TRUST, PRIVATE OR CHARITABLE, WITH ADDITIONS THERETO, WHEREVER AND HOW­ EVER CREATED. IT ALSO INCLUDES A TRUST CREATED OR DETERMINED BY JUDGMENT OR DECREE UNDER WHICH THE TRUST IS TO BE ADMINISTERED IN THE MANNER OF AN EXPRESS TRUST. "TRUST" EXCLUDES OTHER CONSTRUCTIVE TRUSTS, AND IT EXCLUDES RESULTING TRUSTS, CONSERVATORSHIPS, PERSONAL REPRESENTATIVES, TRUST ACCOUNTS AS DEFINED IN CHAPTER 6, CUSTODIAL ARRANGEMENTS PURSUANT TO TITLE 44, CHAPTER 12.1, BUSINESS TRUSTS PROVIDING FOR CERTIFICATES TO BE ISSUED TO BENEFICIARIES, COMMON TRUST FUNDS, VOTING TRUSTS, SECURITY ARRANGEMENTS, LIQUIDATION TRUSTS AND TRUSTS FOR THE PRIMARY PURPOSE OF PAYING DEBTS, DIVIDENDS, INTEREST, SALARIES, WAGES, PROFITS, PENSIONS OR EMPLOYEE BENEFITS OF ANY KIND, AND ANY ARRANGEMENT UNDER WHICH A PERSON IS NOMINEE OR ESCROWEE FOR ANOTHER."TRUSTEE" INCLUDES AN ORIGINAL, ADDITIONAL OR SUCCESSOR TRUSTEE, WHETHER OR NOT APPOINTED OR CON­ FIRMED BY COURT."WARD" IS AS DEFINED IN SECTION 14-5101."WILL" INCLUDES CODICIL AND ANY TESTAMENTARY INSTRUMENT WHICH MERELY APPOINTS AN EXECUTOR OR REVOKES OR REVISES ANOTHER WILL.ARTICLE 3. SCOPE, JURISDICTION AND COURTS14-1301. Territorial applicationEXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, THE TITLE APPLIES TO:THE AFFAIRS AND ESTATES OF DECEDENTS, MISSING PERSONS AND PERSONS TO BE PROTECTED, DOMICILED IN THIS STATE.THE PROPERTY OF NONRESIDENTS LOCATED IN THIS STATE OR PROPERTY COMING INTO THE CONTROL OF A FIDUCIARY WHO IS SUBJECT TO THE LAWS OF THIS STATE.INCAPACITATED PERSONS AND MINORS IN THIS STATE.MULTIPLE-PARTY ACCOUNTS IN THIS STATE.TRUSTS SUBJECT TO ADMINISTRATION IN THIS STATE.

THIS TITLE DOES NOT APPLY TO PROPERTY OF INDIANS WITHIN THE JURISDICTION OF THEIR TRIBAL COURTS OR TO LANDS HELD IN TRUST BY THE UNITED STATES FOR INDIANS.

14-1302. Subject matter jurisdiction

1. TO THE FULL EXTENT PERMITTED BY THE CONSTITUTION, THE COURT HAS JURISDICTION OVER ALL SUBJECT MATTER RELATING TO:I. ESTATES OF DECEDENTS, INCLUDING CONSTRUCTION OF WILLS AND DETERMINATION OF HEIRS AND SUCCESSORS OF DECEDENTS, AND ESTATES OF PROTECTED PERSONS.PROTECTION OF MINORS AND INCAPACITATED PERSONS.TRUSTS.

2. THE COURT HAS FULL POWER TO MAKE ORDERS, JUDG­ MENTS AND DECREES AND TAKE ALL OTHER ACTION NECES­ SARY AND PROPER TO ADMINISTER JUSTICE IN THE MATTERS WHICH COME BEFORE IT INCLUDING POWER TO ENFORCE ORDERS AGAINST A FIDUCIARY BY CONTEMPT PROCEEDINGS AND TO COMPEL ACTION BY A FIDUCIARY BY BODY ATTACH­ MENT.

14-1303. Venue; multiple proceedings; transfer

1. WHERE A PROCEEDING UNDER THIS TITLE COULD BE MAINTAINED IN MORE THAN ONE PLACE IN THIS STATE, THE COURT IN WHICH THE PROCEEDING IS FIRST COMMENCED HAS THE EXCLUSIVE RIGHT TO PROCEED.

2. IF PROCEEDINGS CONCERNING THE SAME ESTATE, PRO­ TECTED PERSON, WARD OR TRUST ARE COMMENCED IN MORE THAN ONE COUNTY OF THIS STATE, THE COURT IN THE COUNTY IN WHICH THE PROCEEDING WAS FIRST COMMENCED SHALL CONTINUE TO HEAR THE MATTER, AND THE OTHER COURTS SHALL HOLD THE MATTER IN ABEYANCE UNTIL THE QUESTION OF VENUE IS DECIDED; AND IF THE RULING COURT DETER­ MINES THAT VENUE IS PROPERLY IN ANOTHER COUNTY, IT SHALL TRANSFER THE PROCEEDING TO THE OTHER COUNTY.

3. IF A COURT FINDS THAT IN THE INTEREST OF JUSTICE A PROCEEDING OR A FILE SHOULD BE LOCATED IN ANOTHER COUNTY OF THIS STATE, THE COURT MAKING THE FINDING MAY TRANSFER THE PROCEEDING OR FILE TO THE OTHER COUNTY.

14-1304. Practice in court

UNLESS SPECIFICALLY PROVIDED TO THE CONTRARY IN THIS TITLE OR UNLESS INCONSISTENT WITH ITS PROVISIONS, THE RULES OF CIVIL PROCEDURE INCLUDING THE RULES CON­ CERNING VACATION OF ORDERS AND APPELLATE REVIEW GOVERN FORMAL PROCEEDINGS UNDER THIS TITLE.

14-1305. Records and certified copies

THE CLERK OF THE COURT SHALL KEEP A RECORD FOR EACH DECEDENT, WARD, PROTECTED PERSON OR TRUST INVOLVED IN ANY DOCUMENT WHICH MAY BE FILED WITH THE COURT UNDER THIS TITLE INCLUDING PETITIONS AND APPLICATIONS, DEMANDS AND ANY ORDERS OR RESPONSES RELATING THERE­ TO BY THE REGISTRAR OR COURT, AND ESTABLISH AND MAINTAIN A SYSTEM FOR INDEXING, FILING OR RECORDING WHICH IS SUFFICIENT TO ENABLE USERS OF THE RECORDS TO OBTAIN ADEQUATE INFORMATION. UPON PAYMENT OF THE FEES REQUIRED BY LAW THE CLERK MUST ISSUE CERTIFIED COPIES OF ANY PROBATED WILLS, LETTERS ISSUED TO PER­ SONAL REPRESENTATIVES, OR ANY OTHER RECORD OR PAPER FILED OR RECORDED. CERTIFICATES RELATING TO PROBATED WILLS MUST INDICATE WHETHER THE DECEDENT WAS DOMI­ CILED IN THIS STATE AND WHETHER THE PROBATE WAS

FORMAL OR INFORMAL. CERTIFICATES RELATING TO LETTERS MUST SHOW THE DATE OF APPOINTMENT.

1 '+-1 306. Jury trial

1. IF DULY DEMANDED, A PARTY IS ENTITLED TO TRIAL BY JURY TN ANY PROCEEDING IN WHICH ANY CONTROVERTED QUESTION OF FACT ARISES AS TO WHICH ANY PARTY HAS A C:ONSTTTl TIONAL RIGHT TO TRIAL BY JURY.

2. IF THERE IS NO RIGHT TO TRIAL BY JURY UNDER SECTION A OR THE RIGHT rs WAIVED, THE COURT IN ITS DISCRETION

MAY (ALLA JURY TO DECIDE ANY ISSUE OF FACT, TN WHICH CASE THF VERDICT IS ADVISORY ONLY.

14-1307 Registrar; powers

THE ACTS AND ORDERS WHICH THIS TITLE SPECIFIES AS PERFOR'.\1ABLE BY THE REGISTRAR SHALL BE PERFORMED BY A JUDGE, THE CLERK OF THE COURT, A COURT COMMISSIONER OR ANY OF SUCH AT THE SELECTION OF THE PRESIDING JUDGE OF THE COUNTY DESIGNATED BY THE COURT BY A WRITTEN ORDER FILED AND RECORDED IN THE OFFICE OF THE CLERK OF THECOl.:RT.

14-1308 (Blank)

J 4- l 30q (Blank)

14-1310. Oath <Jr affirmation on filed documents

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS TITLE OR BY RULE, EACH DOCUMENT FILED WITH THE COURT UNDER THIS TITLE INCLUDING APPLICATIONS, PETITIONS AND DE­ MANDS FOR NOTICE, SHALL BE DEEMED TO INCLUDE AN OATH, AFFIRMATION OR STATEMENT TO THE EFFECT THAT ITS REPRE­ SENTATIONS ARE TRUE AS FAR AS THE PERSON EXECUTING OR FILING IT KNOWS OR IS INFORMED. EACH DOCUMENT FILED WITH THE COURT UNDER THIS TITLE IS MATERIAL AND MAY SUBJECT THE PERSON EXECUTING OR FILING SUCH DOCUMENT TO PENALTIES UNDER THE PROVISIONS OF TITLE 13, CHAPTER 2, ARTICLE 30, RELATING TO PERJURY AND SUBORNATION OF PERJURY.

ARTICLE 4. NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS

14-1401. Notice; method and time of giving

1. IF NOTICE OF A HEARING ON ANY PETITION IS REQUIRED AND EXCEPT FOR SPECIFIC NOTICE REQUIREMENTS AS OTHER­ WISE PROVIDED, THE PETITIONER SHALL CAUSE NOTICE OF THE TIME AND PLACE OF HEARING OF ANY PETITION TO BE GIVEN TO ANY INTERESTED PERSON OR HIS ATTORNEY IF HE HAS APPEARED BY ATTORNEY OR REQUESTED THAT NOTICE BE SENT TO HIS ATTORNEY. NOTICE SHALL BE GIVEN EITHER:BY MAILING A COPY THEREOF AT LEAST FOURTEEN DAYS BEFORE THE TIME SET FOR THE HEARING BY CERTIFIED, REGISTERED OR ORDINARY FIRST CLASS MAIL ADDRESSED TO THE PERSON BEING NOTIFIED AT THE POST OFFICE ADDRESS GNEN IN HIS DEMAND FOR NOTICE, IF ANY, OR AT HIS OFFICE OR PLACE OF RESIDENCE, IF KNOWN.BY DELNERING A COPY THEREOF TO THE PERSON BEING NOTIFIED PERSONALLY AT LEAST FOURTEEN DAYS BEFORE THE TIME SET FOR THE HEARING.IF THE ADDRESS, OR IDENTITY OF ANY PERSON IS NOT KNOWN AND CANNOT BE ASCERTAINED WITH REASONABLE DILIGENCE, OR WHEN OTHERWISE REQUIRED UNDER THIS TITLE, BY PUBLISHING AT LEAST THREE TIMES, A COPY THERE­ OF IN A NEWSPAPER HAYING GENERAL CIRCULATION IN THE COUNTY WHERE THE HEARING IS TO BE HELD, THE FIRST PUBLICATION OF WHICH IS TO BE AT LEAST TEN DAYS BEFORE THE TIME SET FOR THE HEARING.

2. THE COURT FOR GOOD CAUSE SHOWN MAY PROVIDE FOR A DIFFERENT METHOD OR TIME OF GIVING NOTICE FOR ANY HEARING.

3. PROOF OF THE GNING OF NOTICE SHALL BE MADE AT OR BEFORE THE HEARING AND FILED IN THE PROCEEDING.14-1402. Notice; waiverA PERSON, INCLUDING A GUARDIAN AD LITEM, CONSERVATOR OR OTHER FIDUCIARY, MAY WAIVE NOTICE BY A WRITING SIGNED BY HIM OR HIS ATTORNEY AND FILED IN THE PROCEEDING.14-1403. Pleadings; when parties bound by others; noticeIN FORMAL PROCEEDINGS INVOLVING TRUSTS OR ESTATES OF DECEDENTS, MINORS, PROTECTED PERSONS OR INCAPACITATED PERSONS, AND IN JUDICIALLY SUPERVISED SETTLEMENTS, THE FOLLOWING APPLY:INTERESTS TO BE AFFECTED SHALL BE DESCRIBED IN PLEADINGS WHICH GIVE REASONABLE INFORMATION TO OWNERS BY NAME OR CLASS, BY REFERENCE TO THE INSTRU­ MENT CREATING THE INTERESTS OR IN OTHER APPROPRIATE MANNER.PERSONS ARE BOUND BY ORDERS BINDING OTHERS IN THE FOLLOWING CASES:ORDERS BINDING THE SOLE HOLDER OR ALL CO-HOLDERS OF A POWER OF REVOCATION OR A PRESENTLY EXERCISABLE GENERAL POWER OF APPOINTMENT, INCLUDING ONE IN THE FORM OF A POWER OF AMENDMENT, BIND OTHER PERSONS TO THE EXTENT THEIR INTERESTS, AS OBJECTS, TAKERS IN DE­ FAULT OR OTHERWISE, ARE SUBJECT TO THE POWER.TO THE EXTENT THERE IS NO CONFLICT OF INTEREST BETWEEN THEM OR AMONG PERSONS REPRESENTED:ORDERS BINDING A CONSERVATOR BIND THE PERSON WHOSE ESTATE HE CONTROLS.ORDERS BINDING A GUARDIAN BIND THE WARD IF NO CONSERVATOR OF HIS ESTATE HAS BEEN APPOINTED.ORDERS BINDING A TRUSTEE BIND BENEFICIARIES OF THE TRUST IN PROCEEDINGS TO PROBATE A WILL ESTABLISHING OR ADDING TO A TRUST, TO REVIEW THE ACTS OR ACCOUNTS OF A PRIOR FIDUCIARY AND IN PROCEEDINGS INVOLVING CRED­ ITORS OR OTHER THIRD PARTIES.ORDERS BINDING A PERSONAL REPRESENTATIVE BIND PERSONS INTERESTED IN THE UNDISTRIBUTED ASSETS OF A DECEDENT'S ESTATE IN ACTIONS OR PROCEEDINGS BY OR AGAINST THE ESTATE. IF THERE IS NO CONFLICT OF INTEREST AND NO CONSERVATOR OR GUARDIAN HAS BEEN APPOINTED, A PARENT MAY REPRESENT HIS MINOR CHILD.AN UNBORN OR UNASCERTAINED PERSON WHO IS NOT OTHERWISE REPRESENTED IS BOUND BY AN ORDER TO THE EXTENT HIS INTEREST IS ADEQUATELY REPRESENTED BY ANOTHER PARTY HAVING A SUBSTANTIALLY IDENTICAL INTER­ EST IN THE PROCEEDING.NOTICE IS REQUIRED AS FOLLOWS:NOTICE AS PRESCRIBED BY SECTION 14-1401 SHALL BE GNEN TO EVERY INTERESTED PERSON OR TO ONE WHO CAN BIND AN INTERESTED PERSON AS DESCRIBED IN PARAGRAPH 2, SUBDNISION (a) OR (b) OF THIS SECTION. NOTICE MAY BE GIVEN BOTH TO A PERSON AND TO ANOTHER WHO MAY BIND HIM.NOTICE IS GIVEN TO UNBORN OR UNASCERTAINED PER­ SONS WHO ARE NOT REPRESENTED UNDER PARAGRAPH 2, SUBDIVISION (a) OR (b) OF THIS SECTION, BY GIVING NOTICE TO ALL KNOWN PERSONS WHOSE INTERESTS IN THE PROCEEDINGS ARE SUBSTANTIALLY IDENTICAL TO THOSE OF THE UNBORN OR UNASCERTAINED PERSONS.AT ANY POINT IN A PROCEEDING, A COURT MAY APPOINT A GUARDIAN AD LITEM TO REPRESENT THE INTEREST OF A MINOR, AN INCAPACITATED, UNBORN OR UNASCERTAINED PERSON, OR A PERSON WHOSE IDENTITY OR ADDRESS IS UNKNOWN, IF THE COURT DETERMINES THAT REPRESENTATION OF THE INTEREST OTHERWISE WOULD BE INADEQUATE. IF NOT PRECLUDED BY CONFLICT OF INTERESTS, A GUARDIAN AD LITEM MAY BE APPOINTED TO REPRESENT SEVERAL PERSONS OR INTERESTS. THE COURT SHALL SET OUT ITS REASONS FOR APPOINTING A GUARDIAN AD LITEM AS A PART OF THE RECORD OF THE PROCEEDING.CHAPTER2INTESTATE SUCCESSION AND WILLS ARTICLE 1. INTESTATE SUCCESSION14-2101. Intestate estateANY PART OF THE ESTATE OF A DECEDENT NOT EFFECTIVELY DISPOSED OF BY HIS WILL PASSES TO HIS HEIRS AS PRESCRIBED IN THE FOLLOWING SECTIONS OF THIS TITLE.14-2102. Intestate share of surviving spouseTHE FOLLOWING PART OF THE INTESTATE ESTATE, AS TO BOTH SEPARATE PROPERTY AND THE ONE-HALF OF COMMUNITY PROPERTY WHICH BELONGS TO DECEDENT, PASSES TO THE SURVIVING SPOUSE:IF THERE IS NO SURVIVING ISSUE, OR IF THERE ARE SURVIVING ISSUE ALL OF WHOM ARE ISSUE OF THE SURVIVING SPOUSE ALSO, THE ENTIRE INTESTATE ESTATE.IF THERE ARE SURVIVING ISSUE ONE OR MORE OF WHOM ARE NOT ISSUE OF THE SURVIVING SPOUSE, ONE-HALF OF THE INTESTATE SEPARATE PROPERTY AND NO INTEREST IN THE ONE-HALF OF THE COMMUNITY PROPERTY WHICH BELONGED TO THE DECEDENT.14-2103. Share of heirs other than surviving spouseTHE PART OF THE INTESTATE ESTATE NOT PASSING TO THE SURVIVING SPOUSE UNDER SECTION 14-2102, OR THE ENTIRE INTESTATE ESTATE IF THERE IS NO SURVIVING SPOUSE,PASSES AS FOLLOWS:TO THE ISSUE OF THE DECEDENT.IF THERE IS NO SURVIVING ISSUE, TO THE DECEDENT'S PARENT OR PARENTS EQUALLY.IF THERE IS NO SURVIVING ISSUE OR PARENT, TO THE ISSUE OF THE DECEDENT'S PARENTS.IF THERE IS NO SURVIVING ISSUE, PARENT OR ISSUE OF A PARENT, BUT THE DECEDENT IS SURVIVED BY ONE OR MORE GRANDPARENTS OR ISSUE OF GRANDPARENTS, HALF OF THE ESTATE PASSES TO THE PATERNAL GRANDPARENT OR GRAND­ PARENTS EQUALLY, OR TO THEIR ISSUE IF BOTH GRAND­ PARENTS ARE DECEASED; THE OTHER HALF PASSES TO MATER­ NAL GRANDPARENTS OR THEIR ISSUE IN THE SAME MANNER. IF THERE IS NO SURVIVING GRANDPARENT OR ISSUE ON EITHER THE PATERNAL OR MATERNAL SIDE, THE ENTIRE ESTATE PASSES TO THE RELATIVES ON THE OTHER SIDE IN THE SAME MANNER AS THE HALF.WHENEVER THE HEIRS ARE ISSUE OF THE DECEDENT, OR OF HIS PARENTS, OR OF HIS GRANDPARENTS, THE ISSUE TAKE

EQUALLY IF THEY ARE ALL OF THE SAME DEGREE OF KINSHIP TO THE DECEDENT; BUT IF THEY ARE OF UNEQUAL DEGREE, THEN THOSE OF MORE REMOTE DEGREE TAKE BY REPRESEN­ TATION AS PROVIDED IN SECTION 14-2106.

14-2104. Requirement that heir survive decedent for one hundred twenty hours

FOR PURPOSES OF INTESTATE SUCCESSION, THE ALLOWANCE IN LIEU OF HOMESTEAD AND EXEMPT PROPERTY, ANY PERSON WHO FAILS TO SURVIVE THE DECEDENT BY ONE HUNDRED TWENTY HOURS IS DEEMED TO HAVE PREDECEASED THE DE­ CEDENT AND THE DECEDENT'S HEIRS ARE DETERMINED ACCORDINGLY. IF THE TIME OF DEATH OF THE DECEDENT OR OF THE PERSON WHO WOULD OTHERWISE BE AN HEIR, OR THE TIMES OF DEATH OF BOTH, CANNOT BE DETERMINED, AND IT CANNOT BE ESTABLISHED THAT THE PERSON WHO WOULD OTHERWISE BE AN HEIR HAS SURVIVED THE DECEDENT BY ONE HUNDRED TWENTY HOURS, IT IS DEEMED THAT THE PERSON FAILED TO SURVIVE FOR THE REQUIRED PERIOD. THIS SECTION IS NOT TO BE APPLIED WHERE ITS APPLICATION WOULD RESULT IN A TAKING OF INTESTATE ESTATE BY THE STATE UNDER SECTION 14-2105.

14-2105. No taker

IF THERE IS NO TAKER UNDER THE PROVISIONS OF THIS CHAPTER, THE INTESTATE ESTATE PASSES TO THE STATE.

14-2106. Representation

IF REPRESENTATION IS CALLED FOR BY THIS TITLE, THE ESTATE IS DIVIDED INTO AS MANY SHARES AS THERE ARE SURVIVING HEIRS IN THE NEAREST DEGREE OF KINSHIP AND DECEASED PERSONS IN THE SAME DEGREE WHO LEFT ISSUE WHO SURVIVE THE DECEDENT, EACH SURVIVING HEIR IN THE NEAREST DEGREE RECEIVING O E SHARE AND THE SHARE OF EACH DECEASED PERSON IN THE SAME DEGREE BEING DIVIDED AMONG HIS ISSUE IN THE SAME MANNER.

14-2107. Kindred of half blood

SECTION 14-2103 INCLUDES ISSUE OF ONE PARENT AND ISSUE OF ONE GRANDPARENT. RELATIVES OF THE HALF BLOOD

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INHERIT THE SAME SHARE THEY WOULD INHERIT IF THEY WERE OF THE WHOLE BLOOD.

14-2108. Afterborn heirs

RELATIVES OF THE DECEDENT CONCEIVED BEFORE HIS DEATH BUT BORN THEREAFTER INHERIT AS IF THEY HAD BEEN BORN IN THE LIFETIME OF THE DECEDENT.

14-2109. Meaning of child and related terms

IF, FOR PURPOSES OF INTESTATE SUCCESSION, A RELATIONSHIP OF PARENT AND CHILD MUST BE ESTABLISHED TO DETERMINE SUCCESSION BY, THROUGH OR FROM A PERSON:

1. AN ADOPTED PERSON IS THE CHILD OF AN ADOPTING PARENT AND NOT OF THE NATURAL PARENTS EXCEPT THAT ADOPTION OF A CHILD BY THE SPOUSE OF A NATURAL PARENT HAS NO EFFECT ON THE RELATIONSHIP BETWEEN THE CHILD AND THAT NATURAL PARENT.

2. IN CASES NOT COVERED BY PARAGRAPH 1, A PERSON BORN OUT OF WEDLOCK IS A CHILD OF THE MOTHER. THAT PERSON IS ALSO A CHILD OF THE FATHER, IF EITHER:

1. THE NATURAL PARENTS PARTICIPATED IN A MARRIAGE CEREMONY BEFORE OR AFTER THE BIRTH OF THE CHILD, EVEN THOUGH THE ATTEMPTED MARRIAGE IS VOID.

2. THE PATERNITY IS ESTABLISHED BY AN ADJUDICATION BEFORE THE DEATH OF THE FATHER OR IS ESTABLISHED THEREAFTER BY CLEAR AND CONVINCING PROOF, EXCEPT THAT THE PATERNITY ESTABLISHED UNDER THIS SUBDIVISION IS INEFFECTIVE TO QUALIFY THE FATHER OR HIS KINDRED TO INHERIT FROM OR THROUGH THE CHILD UNLESS THE FATHER HAS OPENLY TREATED THE CHILD AS HIS, AND HAS NOT REFUSED TO SUPPORT THE CHILD.

14-2110. Advancements

IF A PERSON DIES INTESTATE AS TO ALL HIS ESTATE, PROPERTY WHICH HE GAVE IN HIS LIFETIME TO AN HEIR IS TREATED AS AN ADVANCEMENT AGAINST THE LATTER'S SHARE OF THE ESTATE ONLY IF DECLARED IN A CONTEMPORANEOUS WRITING BY THE

DECEDENT OR ACKNOWLEDGED IN WRITING BY THE HEIR TO BE AN ADVANCEMENT. FOR THIS PURPOSE THE PROPERTY AD­ VANCED IS VALUED AS OF THE TIME THE HEIR CAME INTO POSSESSION OR ENJOYMENT OF THE PROPERTY OR AS OF THE TIME OF DEATH OF THE DECEDENT, WHICHEVER FIRST OCCURS. IF THE RECIPIENT OF THE PROPERTY FAILS TO SURVIVE THE DECEDENT, THE PROPERTY IS NOT TAKEN INTO ACCOUNT IN COMPUTING THE INTESTATE SHARE TO BE RECEIVED BY THE RECIPIENT'S ISSUE, UNLESS THE DECLARATION OR ACKNOWL­ EDGMENT PROVIDES OTHERWISE.

14-2111. Debts to decedent

A DEBT OWED TO THE DECEDENT IS NOT CHARGED AGAINST THE INTESTATE SHARE OF ANY PERSON EXCEPT THE DEBTOR. IF THE DEBTOR FAILS TO SURVIVE THE DECEDENT, THE DEBT IS NOT TAKEN INTO ACCOUNT IN COMPUTING THE INTESTATE SHARE OF THE DEBTOR'S ISSUE.

14-2112. Alienage

NO PERSON IS DISQUALIFIED TO TAKE AS AN HEIR BECAUSE HE OR A PERSON THROUGH WHOM HE CLAIMS IS OR HAS BEEN AN ALIEN.

ARTICLE 2. WAIVER OF RIGHTS OF SPOUSE

14-2204. Waiver of rights of spouse; effect of property settlement

THE RIGHTS OF A SURVIVING SPOUSE UNDER THIS TITLE MAY BE WAIVED, WHOLLY OR PARTIALLY, BEFORE OR AFTER MAR­ RIAGE, BY A WRITTEN CONTRACT, AGREEMENT OR WAIVER SIGNED BY THE PARTY AFTER A FAIR DISCLOSURE. UNLESS THE CONTRACT PROVIDES TO THE CONTRARY, A WAIVER OF ALL RIGHTS IN THE PROPERTY OR ESTATE OF A PRESENT OR PROSPECTIVE SPOUSE, OR A COMPLETE PROPERTY SETTLEMENT ENTERED INTO AFTER OR IN ANTICIPATION OF SEPARATION OR DIVORCE IS A WAIVER OF ALL RIGHTS TO AN ALLOWANCE IN LIEU OF HOMESTEAD, EXEMPT PROPERTY AND FAMILY ALLOW­ ANCE BY EACH SPOUSE IN THE PROPERTY OF THE OTHER AND A RENUNCIATION BY EACH OF ALL BENEFITS WHICH WOULD OTHERWISE PASS TO HIM FROM THE OTHER BY INTESTATE SUCCESSION OR BY VIRTUE OF THE PROVISIONS OF ANY WILL

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LAWS OF ARIZONA

EXECUTED BEFORE THE WAIVER OR PROPERTY SETTLEMENT. A WAIVER OF ALL RIGHTS DOES NOT AFFECT THE RIGHTS OF EACH SPOUSE TO HIS SHARE OF COMMUNITY PROPERTY, IN THE ABSENCE OF CONTRARY PROVISION; BUT A COMPLETE SETTLE­ MENT TERMINATES RIGHTS TO COMMUNITY PROPERTY IN ASSETS THEN OWNED OR THEREAFTER ACQUIRED, UNLESS THE SETTLEMENT AGREEMENT PROVIDES TO THE CONTRARY.

ARTICLE 3. SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS

14-2301. Omitted spouse

1. IF A TESTATOR FAILS TO PROVIDE BY WILL FOR HIS SURVIVING SPOUSE WHO MARRIED THE TESTATOR AFTER THE EXECUTION OF THE WILL, THE OMITTED SPOUSE SHALL RECEIVE THE SAME SHARE OF THE ESTATE HE WOULD HAVE RECEIVED IF THE DECEDENT LEFT NO WILL UNLESS IT APPEARS FROM THE WILL THAT THE OMISSION WAS INTENTIONAL OR THE TESTATOR PROVIDED FOR THE SPOUSE BY TRANSFER OUTSIDE THE WILL AND THE INTENT THAT THE TRANSFER BE IN LIEU OF A TESTAMENTARY PROVISION IS SHOWN BY STATEMENTS OF THE TESTATOR OR FROM THE AMOUNT OF THE TRANSFER OR OTHER EVIDENCE.

2. IN SATISFYING A SHARE PROVIDED BY THIS SECTION, THE DEVISES MADE BY THE WILL ABATE AS PROVIDED IN SECTION 14-3902.

14-2302. Pretermitted children

1. IF A TESTATOR FAILS TO PROVIDE IN HIS WILL FOR ANY OF HIS CHILDREN BORN OR ADOPTED AFTER THE EXECUTION OF HIS WILL, THE OMITTED CHILD RECEIVES A SHARE IN THE ESTATE EQUAL IN VALUE TO THAT WHICH HE WOULD HAVE RECEIVED IF THE TESTATOR HAD DIED INTESTATE UNLESS:IT APPEARS FROM THE WILL THAT THE OMISSION WAS INTENTIONAL.WHEN THE WILL WAS EXECUTED THE TESTATOR HAD ONE OR MORE CHILDREN AND DEVISED SUBSTANTIALLY ALL HIS ESTATE TO THE OTHER PARENT OF THE OMITTED CHILD.THE TESTATOR PROVIDED FOR THE CHILD BY TRANSFER OUTSIDE THE WILL AND THE INTENT THAT THE TRANSFER BE IN LIEU OF A TESTAMENTARY PROVISION IS SHOWN BY STATE­ MENTS OF THE TESTATOR OR FROM THE AMOUNT OF THE TRANSFER OR OTHER EVIDENCE.

2. IF AT THE TIME OF EXECUTION OF THE WILL THE TESTATOR FAILS TO PROVIDE IN HIS WILL FOR A LIVING CHILD SOLELY BECAUSE HE BELIEVES THE CHILD TO BE DEAD, THE CHILD RECENES A SHARE IN THE ESTATE EQUAL IN VALUE TO THAT WHICH HE WOULD HAVE RECEIVED IF THE TESTATOR HAD DIED INTESTATE.

3. IN SATISFYING A SHARE PROVIDED BY THIS SECTION, THE DEVISES MADE BY THE WILL ABATE AS PROVIDED IN SECTION 14-3902.

ARTICLE 4. EXEMPT PROPERTY AND ALLOWANCES

14-2401. Allowance in lieu of homestead

A SURVIVING SPOUSE OF A DECEDENT WHO WAS DOMICILED IN THIS STATE IS ENTITLED TO AN ALLOWANCE OF SIX THOUSAND DOLLARS. IF THERE IS NO SURVNING SPOUSE, EACH DEPEN­ DENT CHILD OF THE DECEDENT IS ENTITLED TO AN ALLOW­ ANCE OF SIX THOUSAND DOLLARS DIVIDED BY THE NUMBER OF DEPENDENT CHILDREN OF THE DECEDENT. THE ALLOWANCE PROVIDED IN THIS SECTION IS IN LIEU OF ANY HOMESTEAD EXEMPTION THE DECEDENT MAY HAVE HAD DURING LIFETIME UNDER SECTION 33-1101. THE ALLOWANCE PROVIDED IN THIS SECTION IS EXEMPT FROM AND HAS PRIORITY OVER ALL CLAIMS AGAINST THE ESTATE EXCEPT EXPENSES OF ADMINIS­ TRATION. THE ALLOWANCE IS IN ADDITION TO ANY SHARE PASSING TO THE SURVIVING SPOUSE OR CHILD EITHER BY INTESTATE SUCCESSION, OR BY THE WILL OF THE DECEDENT UNLESS THE WILL PROVIDES OTHERWISE.

14-2402. Exempt property

IN ADDITION TO THE ALLOWANCE IN LIEU OF HOMESTEAD THE SURVNING SPOUSE OF A DECEDENT WHO WAS DOMICILED IN THIS STATE IS ENTITLED FROM THE ESTATE TO VALUE NOT EXCEEDING THREE THOUSAND FIVE HUNDRED DOLLARS IN EXCESS OF ANY SECURITY INTERESTS THEREIN IN HOUSEHOLD

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FURNITURE, AUTOMOBILES, FURNISHINGS, APPLIANCES AND PERSONAL EFFECTS. IF THERE IS NO SURVIVING SPOUSE, DEPENDENT CHILDREN OF THE DECEDENT ARE ENTITLED JOINTLY TO THE SAME VALUE. IF ENCUMBERED CHATTELS ARE SELECTED AND IF THE VALUE IN EXCESS OF SECURITY INTER­ ESTS, PLUS THAT OF OTHER EXEMPT PROPERTY, IS LESS THAN THREE THOUSAND FIVE HUNDRED DOLLARS, OR IF THERE IS NOT THREE THOUSAND FIVE HUNDRED DOLLARS WORTH OF EXEMPT PROPERTY IN THE ESTATE, THE SPOUSE OR CHILDREN ARE ENTITLED TO OTHER ASSETS OF THE ESTATE, IF ANY, TO THE EXTENT NECESSARY TO MAKE UP THE THREE THOUSAND FIVE HUNDRED DOLLAR VALUE. RIGHTS TO EXEMPT PROPERTY AND ASSETS NEEDED TO MAKE UP A DEFICIENCY OF EXEMPT PROPERTY HAVE PRIORITY OVER ALL CLAIMS AGAINST THE ESTATE, EXCEPT THE EXPENSES OF ADMINISTRATION, BUT THE RIGHT TO ANY ASSETS TO MAKE UP A DEFICIENCY OF EXEMPT PROPERTY SHALL ABATE AS NECESSARY TO PERMIT PRIOR PAYMENT OF ALLOWANCE IN LIEU OF HOMESTEAD AND FAMILY ALLOWANCE. THESE RIGHTS ARE IN ADDITION TO ANY BENEFIT OR SHARE PASSING TO THE SURVIVING SPOUSE OR CHILDREN BY INTESTATE SUCCESSION, OR BY THE WILL OF THE DECEDENT UNLESS THE WILL PROVIDES OTHERWISE.

14-2403. Family allowance

1. IN ADDITION TO THE RIGHT TO THE ALLOWANCE IN LIEU OF HOMESTEAD AND EXEMPT PROPERTY, IF THE DECEDENT WAS DOMICILED IN THIS STATE, THE SURVIVING SPOUSE AND DEPENDENT CHILDREN ARE ENTITLED TO A REASONABLE ALLOWANCE IN MONEY OUT OF THE ESTATE FOR THEIR MAINTENANCE DURING THE PERIOD OF ADMINISTRATION, WHICH ALLOWANCE MAY NOT CONTINUE FOR LONGER THAN ONE YEAR IF THE ESTATE IS INADEQUATE TO DISCHARGE ALLOWED CLAIMS. THE ALLOWANCE MAY BE PAID AS A LUMP SUM OR IN PERIODIC INSTALLMENTS. IT IS PAYABLE TO THE SURVIVING SPOUSE, FOR THE USE OF THE SURVIVING SPOUSE AND DEPENDENT CHILDREN. IF THE SPOUSE IS NOT LIVING THE ALLOWANCE IS PAYABLE TO THE CHILDREN OR PERSONS HAVING THEIR CARE AND CUSTODY. IN CASE ANY DEPENDENT CHILD IS NOT LIVING WITH THE SURVIVING SPOUSE, THE ALLOWANCE MAY BE MADE PARTIALLY TO THE CHILD OR HIS GUARDIAN OR OTHER PERSON HAYING HIS CARE AND CUSTODY, AND PARTIALLY TO THE SPOUSE, AS THEIR NEEDS MAY APPEAR. THE FAMILY ALLOWANCE IS EXEMPT FROM ANDHAS PRIORITY OVER ALL CLAIMS EXCEPT EXPENSES OF ADMINISTRATION, BUT NOT OVER THE ALLOWANCE IN LIEU OF HOMESTEAD.

2. THE FAMILY ALLOWANCE IS NOT CHARGEABLE AGAINST ANY BENEFIT OR SHARE PASSING TO THE SURVIVING SPOUSE OR CHILDREN EITHER BY INTESTATE SUCCESSION, OR BY THE WILL OF THE DECEDENT UNLESS THE WILL PROVIDES OTHER­ WISE. THE DEATH OF ANY PERSON ENTITLED TO FAMILY ALLOWANCE TERMINATES HIS RIGHT TO ALLOWANCES NOT PAID.

14-2404. Source, determination and documentation

IF THE ESTATE IS OTHERWISE SUFFICIENT, PROPERTY SPECIF­ ICALLY DEVISED SHALL NOT BE USED TO SATISFY RIGHTS TO THE ALLOWANCE IN LIEU OF HOMESTEAD AND EXEMPT PRO­ PERTY. SUBJECT TO THIS RESTRICTION, THE SURVIVING SPOUSE, THE GUARDIANS OF THE MINOR CHILDREN OR CHILD­ REN WHO ARE ADULTS MAY SELECT PROPERTY OF THE ESTATE AS THE ALLOWANCE IN LIEU OF HOMESTEAD AND EXEMPT PROPERTY. THE PERSONAL REPRESENTATIVE MAY MAKE THESE SELECTIONS IF THE SURVIVING SPOUSE, THE CHILDREN OR THE GUARDIANS OF THE MINOR CHILDREN ARE UNABLE ORF AIL TO DO SO WITHIN A REASONABLE TIME OR IF THERE ARE NO GUARDIANS OF THE MINOR CHILDREN. THE ALLOWANCE IN LIEU OF HOMESTEAD, THE EXEMPT PROPERTY, AND THE FAMILY ALLOWANCE MAY BE TAKEN OUT OF SEPARATE PRO­ PERTY OR THE DECEDENT'S SHARE OF COMMUNITY PROPERTY. THE PERSONAL REPRESENTATIVE MAY EXECUTE AN INSTRU­ MENT OR DEED OF DISTRIBUTION TO ESTABLISH THE OWNER­ SHIP OF PROPERTY TAKEN AS THE ALLOWANCE IN LIEU OF HOMESTEAD OR EXEMPT PROPERTY. HE MAY DETERMINE THE FAMILY ALLOWANCE IN A LUMP SUM NOT EXCEEDING SIX THOUSAND DOLLARS OR PERIODIC INSTALLMENTS NOT EX­ CEEDING FIVE HUNDRED DOLLARS PER MONTH FOR ONE YEAR, AND MAY DISBURSE FUNDS OF THE ESTATE IN PAYMENT OF THE FAMILY ALLOWANCE AND ANY PART OF THE ALLOWANCE IN LIEU OF HOMESTEAD PAYABLE IN CASH. THE PERSONAL REPRESENTATIVE OR ANY INTERESTED PERSON AGGRIEVED BY ANY SELECTION, DETERMINATION, PAYMENT, PROPOSED PAY­ MENT OR FAILURE TO ACT UNDER THIS SECTION MAY PETITION THE COURT FOR APPROPRIATE RELIEF, WHICH RELIEF MAY PROVIDE A FAMILY ALLOWANCE LARGER OR SMALLER THAN THAT WHICH THE PERSONAL REPRESENTATIVE DETERMINED OR COULD HAVE DETERMINED.

ARTICLE 5. WILLS

14-2501. Who may make a will

ANY PERSON EIGHTEEN OR MORE YEARS OF AGE WHO IS OF SOUND MIND MAY MAKE A WILL.

14-2502. Execution

EXCEPT AS PROVIDED FOR HOLOGRAPHIC WILLS, WRITINGS WITHIN SECTION 14-2513 AND WILLS WITHIN SECTION 14-2506, EVERY WILL SHALL BE IN WRITING SIGNED BY THE TESTATOR OR IN THE TESTATOR'S NAME BY SOME OTHER PERSON IN THE TESTATOR'S PRESENCE AND BY HIS DIRECTION, AND SHALL BE SIGNED BY AT LEAST TWO PERSONS EACH OF WHOM WITNESSED EITHER THE SIGNING OR THE TESTATOR'S ACKNOWLEDGMENT OF THE SIGNATURE OR OF THE WILL.

14-2503. Holographic will

A WILL WHICH DOES NOT COMPLY WITH SECTION 14-2502 IS VALID AS A HOLOGRAPHIC WILL, WHETHER OR NOT WITNESSED, IF THE SIGNATURE AND THE MATERIAL PROVISIONS ARE IN THE HANDWRITING OF THE TESTATOR.

14-2504. Self-proved will

AN ATTESTED WILL MAY AT THE TIME OF ITS EXECUTION OR AT ANY SUBSEQUENT DATE BE MADE SELF-PROVED, BY THE ACKNOWLEDGMENT THEREOF BY THE TESTATOR AND THE AFFIDAVITS OF THE WITNESSES, EACH MADE BEFORE AN OFFICER AUTHORIZED TO ADMINISTER OATHS UNDER THE LAWS OF THE STATE AND EVIDENCED BY THE OFFICER'S CERTIFICATE, UNDER OFFICIAL SEAL, ATTACHED OR ANNEXED TO THE WILL IN FORM AND CONTENT SUBSTANTIALLY AS FOLLOWS:

THE STATE OF COUNTY OF WE,,, AND, THE TESTATOR AND THE WIT- NESSES, RESPECTIVELY, WHOSE NAMES ARE SIGNED TO THE ATTACHED OR FOREGOING INSTRUMENT, BEING FIRST DULY SWORN, DO HEREBY DECLARE TO THE UNDERSIGNED AUTHOR­ ITY THAT THE TESTATOR SIGNED AND EXECUTED THE INSTRU­ MENT AS HIS LAST WILL AND THAT HE HAD SIGNED WILLINGLY

OR DIRECTED ANOTHER TO SIGN FOR HIM, AND THAT HE EXECUTED IT AS HIS FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED, AND THAT EACH OF THE WITNESSES, IN THE PRESENCE OF THE TESTATOR, SIGNED THE WILL AS WITNESS AND THAT TO THE BEST OF HIS KNOWLEDGE THE TESTATOR WAS AT THAT TIME EIGHTEEN OR MORE YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE.

TESTATOR WITNESS

WITNESS SUBSCRIBED, SWORN TO AND ACKNOWLEDGED BEFORE ME BY

, THE TESTATOR, AND SUBSCRIBED AND SWORN TO BEFORE ME BY - AND, WITNESSES, THIS DAY

OF,

(SEAL) (SIGNED)

(OFFICIAL CAPACITY OF OFFICER)

14-2505. Who may witness

1. ANY PERSON GENERALLY COMPETENT TO BE A WITNESS MAY ACT AS A WITNESS TO A WILL

2. A WILL OR ANY PROVISION THEREOF IS NOT INVAUD BECAUSE THE WILL IS SIGNED BY AN INTERESTED WITNESS.14-2506. Choice of law as to executionA WRITTEN WILL IS VALID IF EXECUTED IN COMPLIANCE WITH SECTION 14-2502 OR SECTION 14-2503 OR IF ITS EXECUTION COMPLIES WITH THE LAW AT THE TIME OF EXECUTION OF THE PLACE WHERE THE WILL IS EXECUTED, OR OF THE LAW OF THE PLACE WHERE AT THE TIME OF EXECUTION OR AT THE TIME OF DEATH THE TESTATOR IS DOMICILED, HAS A PLACE OF ABODE OR IS A NATIONAL14-2507. Revocation by writing or by actA WILL OR ANY PART THEREOF IS REVOKED BY EITHER:A SUBSEQUENT WILL WHICH REVOKES THE PRIOR WILL OR PART EXPRESSLY OR BY INCONSISTENCY.BEING BURNED, TORN, CANCELED, OBLITERATED OR DESTROYED, WITH THE INTENT AND FOR THE PURPOSE OF REVOKING IT BY THE TESTATOR OR BY ANOTHER PERSON IN HIS PRESENCE AND BY HIS DIRECTION.14-2508. Revocation by divorce or annulment; no revocation by other changes of circumstancesIF AFTER EXECUTING A WILL THE TESTATOR IS DIVORCED OR HIS MARRIAGE ANNULLED, THE DIVORCE OR ANNULMENT REVOKES ANY DISPOSITION OR APPOINTMENT OF PROPERTY MADE BY THE WILL TO THE FORMER SPOUSE OR TO ANY ISSUE OF THE FORMER SPOUSE WHO ARE NOT ALSO ISSUE OF THE TESTATOR, ANY PROVISION CONFERRING A GENERAL OR SPECIAL POWER OF APPOINTMENT ON THE FORMER SPOUSE OR SUCH ISSUE, AND ANY NOMINATION OF THE FORMER SPOUSE OR SUCH ISSUE AS EXECUTOR, TRUSTEE, CONSERVATOR OR GUARDIAN, UNLESS THE WILL EXPRESSLY PROVIDES OTHER­ WISE. PROPERTY PREVENTED FROM PASSING TO A PERSON BECAUSE OF REVOCATION UNDER THIS SECTION PASSES AS IF THE PERSON FAILED TO SURVIVE THE DECEDENT; AND OTHER PROVISIONS CONFERRING SOME POWER OR OFFICE ON THE FORMER SPOUSE, OR ISSUE OF THE FORMER SPOUSE WHO ARE NOT ALSO ISSUE OF THE TESTATOR, ARE INTERPRETED AS IF THE SPOUSE OR ISSUE FAILED TO SURVIVE THE DECEDENT. IF PROVISIONS ARE REVOKED SOLELY BY THIS SECTION, THEY ARE REVIVED BY TESTATOR'S REMARRIAGE TO THE FORMER SPOUSE. FOR PURPOSES OF THIS SECTION, DIVORCE OR ANNUL­ MENT MEANS ANY DIVORCE OR ANNULMENT WHICH WOULD EXCLUDE THE SPOUSE AS A SURVIVING SPOUSE WITHIN THE MEANING OF SECTION 14-2802, SUBSECTION B. A DECREE OF SEPARATION WHICH DOES NOT TERMINATE THE STATUS OF HUSBAND AND WIFE IS NOT A DIVORCE FOR PURPOSES OF THIS SECTION. NO CHANGE OF CIRCUMSTANCES OTHER THAN AS DESCRIBED IN THIS SECTION REVOKES A WILL OR ANY PART THEREOF.14-2509. Revival of revoked willIF A SECOND WILL WHICH, HAD IT REMAINED EFFECTIVE AT DEATH, WOULD HAVE REVOKED THE FIRST WILL IN WHOLE ORIN PART, IS THEREAFTER REVOKED BY ACTS UNDER SECTION 14-2507, THE FIRST WILL IS REVOKED IN WHOLE OR IN PART UNLESS IT IS EVIDENT FROM THE CIRCUMSTANCES OF THE REVOCATION OF THE SECOND WILL OR FROM TESTATOR'S CONTEMPORARY OR SUBSEQUENT DECLARATIONS THAT HE INTENDED THE FIRST WILL TOT AKE EFFECT AS EXECUTED.IF A SECOND WILL WHICH, HAD IT REMAINED EFFECTIVE AT DEATH, WOULD HAVE REVOKED THE FIRST WILL IN WHOLE OR IN PART, IS THEREAFTER REVOKED BY A THIRD WILL, THE FIRST WILL IS REVOKED IN WHOLE OR IN PART, EXCEPT TO THE EXTENT IT APPEARS FROM THE TERMS OF THE THIRD WILL THAT THE TESTATOR INTENDED THE FIRST WILL TO TAKE EFFECT.

14-2510. Incorporation by reference

ANY WRITING IN EXISTENCE WHEN A WILL IS EXECUTED MAY BE INCORPORATED BY REFERENCE IF THE LANGUAGE OF THE WILL MANIFESTS THIS INTENT AND DESCRIBES THE WRITING SUFFICIENTLY TO PERMIT ITS IDENTIFICATION.

14-2511. Testamentary additions to trusts

A DEVISE, THE VALIDITY OF WHICH IS DETERMINABLE BY THE LAW OF THIS STATE, MAY BE MADE BY A WILL TO THE TRUSTEE OF A TRUST, REGARDLESS OF THE EXISTENCE, SIZE OR CHAR­ ACTER OF THE CORPUS OF THE TRUST AND INCLUDING A FUNDED OR UNFUNDED LIFE INSURANCE TRUST, ALTHOUGH THE TRUSTOR HAS RESERVED ANY OR ALL RIGHTS OF OWNER­ SHIP OF THE INSURANCE CONTRACTS, ESTABLISHED OR TO BE ESTABLISHED BY THE TESTATOR, THE TESTATOR AND SOME OTHER PERSON OR BY SOME OTHER PERSON IF THE TRUST IS IDENTIFIED IN THE TESTATOR'S WILL AND ITS TERMS ARE SET FORTH IN A WRITTEN INSTRUMENT, OTHER THAN A WILL, EXECUTED BEFORE OR CONCURRENTLY WITH THE EXECUTION OF THE TESTATOR'S WILL OR IN THE VALID LAST WILL OF A PERSON WHO HAS PREDECEASED THE TEST ATOR. THE DEVISE IS NOT INVALID BECAUSE THE TRUST IS AMENDABLE OR REVOC­ ABLE, OR BECAUSE THE TRUST WAS AMENDED AFTER THE EXECUTION OF THE WILL OR AFTER THE DEATH OF THE TESTATOR. UNLESS THE TESTATOR'S WILL PROVIDES OTHER­ WISE, THE PROPERTY SO DEVISED:

l. IS NOT DEEMED TO BE HELD UNDER A TESTAMENTARY TRUST OF THE TESTATOR BUT BECOMES A PART OF THE TRUST TO WHICH IT IS GIVEN.

2. SHALL BE ADMINISTERED AND DISPOSED OF IN ACCOR­ DANCE WITH THE PROVISIONS OF THE INSTRUMENT OR WILL SETTING FORTH THE TERMS OF THE TRUST, INCLUDING ANY AMENDMENTS THERETO MADE BEFORE THE DEATH OF THE TESTATOR, REGARDLESS OF WHETHER MADE BEFORE OR AFTER THE EXECUTION OF THE TESTATOR'S WILL, AND, IF THE TESTATOR'S WILL SO PROVIDES, INCLUDING ANY AMENDMENTS TO THE TRUST MADE AFTER THE DEATH OF THE TESTATOR. A REVOCATION OR TERMINATION OF THE TRUST BEFORE THE DEATH OF THE TESTATOR CAUSES THE DEVISE TO LAPSE.

14-2512. Events of independent significance

A WILL MAY DISPOSE OF PROPERTY BY REFERENCE TO ACTS AND EVENTS WHICH HAVE SIGNIFICANCE APART FROM THEIR EFFECT UPON THE DISPOSITIONS MADE BY THE WILL, WHETHER THEY OCCUR BEFORE OR AFTER THE EXECUTION OF THE WILL OR BEFORE OR AFTER THE TESTATOR'S DEATH. THE EXECU­ TION OR REVOCATION OF A WILL OF ANOTHER PERSON IS SUCH AN EVENT.

14-2513. Separate writing identifying devise of tangible property

WHETHER OR NOT THE PROVISIONS RELATING TO HOLO­ GRAPHIC WILLS APPLY, A WILL MAY REFER TO A WRITTEN STATEMENT OR LIST TO DISPOSE OF ITEMS OF TANGIBLE PERSONAL PROPERTY NOT OTHERWISE SPECIFICALLY DISPOSED OF BY THE WILL, OTHER THAN MONEY, EVIDENCES OF INDEBT­ EDNESS, DOCUMENTS OF TITLE, AND SECURITIES, AND PRO­ PERTY USED IN TRADE OR BUSINESS. TO BE ADMISSIBLE UNDER THIS SECTION AS EVIDENCE OF THE INTENDED DISPOSITION, THE WRITING MUST EITHER BE IN THE HANDWRITING OF THE TESTATOR OR BE SIGNED BY HIM AND MUST DESCRIBE THE ITEMS AND THE DEVISEES WITH REASONABLE CERTAINTY. THE WRITING MAY BE REFERRED TO AS ONE TO BE IN EXISTENCE AT THE TIME OF THE TESTATOR'S DEATH; IT MAY BE PREPARED BEFORE OR AFTER THE EXECUTION OF THE WILL; IT MAY BE ALTERED BY THE TESTATOR AFTER ITS PREPARATION; AND IT MAY BE A WRITING WHICH HAS NO SIGNIFICANCE APART FROM ITS EFFECT UPON THE DISPOSITIONS MADE BY THE WILL.

ARTICLE 6. RULES OF CONSTRUCTION

14-2601. Requirement that devisee survive testator by one hundred twenty hours

1. A DEVISEE WHO DOES NOT SURVIVE THE TESTATOR BY ONE HUNDRED TWENTY HOURS IS TREATED AS IF HE PREDECEASED THE TESTATOR, UNLESS THE WILL OF DECEDENT CONTAINS SOME LANGUAGE DEALING EXPLICITLY WITH SIMULTANEOUS DEATHS OR DEATHS IN A COMMON DISASTER, OR REQUIRING THAT THE DEVISEE SURVIVE THE TESTATOR OR SURVIVE THE TESTATOR FOR A STATED PERIOD IN ORDER TO TAKE UNDER THE WILL.

2. IF THE TIME OF DEATH OF THE TESTATOR, THE DEVISEE OR BOTH CANNOT BE DETERMINED AND IT CANNOT BE ESTAB­ LISHED THAT THE DEVISEE HAS SURVIVED THE TESTATOR BY ONE HUNDRED TWENTY HOURS, IT IS DEEMED THAT THE DEVISEE HAS FAILED TO SURVIVE FOR THE REQUIRED PERIOD.

14-2602. Choice of law as to meaning and effect of wills

THE MEANING AND LEGAL EFFECT OF A DISPOSITION IN A WILL SHALL BE DETERMINED BY THE LOCAL LAW OF A PARTICULAR STATE SELECTED BY THE TESTATOR IN HIS INSTRUMENT UNLESS THE APPLICATION OF THAT LAW IS CONTRARY TO THE PUBLIC POLICY OF THIS STATE OTHERWISE APPLICABLE TO THE DISPOSITION.

14-2603. Rules of construction and intention

THE INTENTION OF A TESTATOR AS EXPRESSED IN HIS WILL CONTROLS THE LEGAL EFFECT OF HIS DISPOSITIONS. THE RULES OF CONSTRUCTION EXPRESSED IN THE SUCCEEDING SECTIONS OF THIS ARTICLE APPLY UNLESS A CONTRARY INTENTION IS INDICATED BY THE WILL.

14-2604. Construction that will passes all property; after-acquired property

A WILL IS CONSTRUED TO PASS ALL PROPERTY WHICH THE TESTATOR OWNS AT HIS DEATH INCLUDING PROPERTY AC­ QUIRED AFTER THE EXECUTION OF THE WILL.

14-2605. Anti-lapse; deceased devisee; class gifts

IF A DEVISEE WHO IS A GRANDPARENT OR A LINEAL DESCEN­ DANT OF A GRANDPARENT OF THE TESTATOR IS DEAD AT THE TIME OF EXECUTION OF THE WILL, FAILS TO SURVIVE THE TESTATOR, OR IS TREATED AS IF HE PREDECEASED THE TESTATOR, THE ISSUE OF THE DECEASED DEVISEE WHO SUR­ VIVE THE TESTATOR BY ONE HUNDRED TWENTY HOURS TAKE IN PLACE OF THE DECEASED DEVISEE AND IF THEY ARE ALL OF THE SAME DEGREE OF KINSHIP TO THE DEVISEE THEY TAKE EQUALLY, BUT IF OF UNEQUAL DEGREE THEN THOSE OF MORE REMOTE DEGREE TAKE BY REPRESENTATION. ONE WHO WOULD HAVE BEEN A DEVISEE UNDER A CLASS GIFT IF HE HAD SURVIVED THE TESTATOR IS TREATED AS A DEVISEE FOR PURPOSES OF THIS SECTION WHETHER HIS DEATH OCCURRED BEFORE OR AFTER THE EXECUTION OF THE WILL.

14-2606. Failure of testamentary provision

A EXCEPT AS PROVIDED IN SECTION 14-2605, IF A DEVISE OTHER THAN A RESIDUARY DEVISE FAILS FOR ANY REASON, IT BECOMES A PART OF THE RESIDUE.

B. EXCEPT AS PROVIDED IN SECTION 14-2605, IF THE RESIDUE IS DEVISED TO TWO OR MORE PERSONS AND THE SHARE OF ONE OF THE RESIDUARY DEVISEES FAILS FOR ANY REASON, HIS SHARE PASSES TO THE OTHER RESIDUARY DEVISEE, OR TO OTHER RESIDUARY DEVISEES IN PROPORTION TO THEIR INTER­ ESTS IN THE RESIDUE.

14-2607. Change in securities; accessions; nonademption

1. IF THE TESTATOR INTENDED A SPECIFIC DEVISE OF CER­ TAIN SECURITIES RATHER THAN THE EQUIVALENT VALUE THEREOF, THE SPECIFIC DEVISEE IS ENTITLED ONLY TO:AS MUCH OF THE DEVISED SECURITIES AS IS A PART OF THE ESTATE AT TIME OF THE TESTATOR'S DEATH.ANY ADDITIONAL OR OTHER SECURITIES OF THE SAME ENTITY OWNED BY THE TESTATOR BY REASON OF ACTION INITIATED BY THE ENTITY EXCLUDING ANY ACQUIRED BY EXERCISE OF PURCHASE OPTIONS.SECURITIES OF ANOTHER ENTITY OWNED BY THE TESTA­ TOR AS A RESULT OF A MERGER, CONSOLIDATION, REORGANI­ ZATION OR OTHER SIMILAR ACTION INITIATED BY THE ENTITY.ANY ADDITIONAL SECURITIES OF THE ENTITY OWNED BY THE TESTATOR AS A RESULT OF A PLAN OF REINVESTMENT IF IT IS A REGULATED INVESTMENT COMPANY.

2. DISTRIBUTIONS PRIOR TO DEATH WITH RESPECT TO A SPECIFICALLY DEVISED SECURITY NOT PROVIDED FOR IN SUB­ SECTION A ARE NOT PART OF THE SPECIFIC DEVISE.

14-2608. Nonademption of specific devises in certain cases; sale by conservator; unpaid proceeds of sale, condemnation or insurance

1. IF SPECIFICALLY DEVISED PROPERTY IS SOLD BY A CON­ SERVATOR, OR IF A CONDEMNATION AWARD OR INSURANCE PROCEEDS ARE PAID TO A CONSERVATOR AS A RESULT OF CONDEMNATION, FIRE OR CASUALTY, THE SPECIFIC DEVISEE HAS THE RIGHT TO A GENERAL PECUNIARY DEVISE EQUAL TO THE NET SALE PRICE, THE CONDEMNATION AWARD OR THE INSURANCE PROCEEDS. THIS SUBSECTION DOES NOT APPLY IF SUBSEQUENT TO THE SALE, CONDEMNATION OR CASUALTY, IT IS ADJUDICATED THAT THE DISABILITY OF THE TESTATOR HAS CEASED AND THE TESTATOR SURVIVES THE ADJUDICATION BY ONE YEAR. THE RIGHT OF THE SPECIFIC DEVISEE UNDER THIS SUBSECTION IS REDUCED BY ANY RIGHT HE HAS UNDER SUBSECTION B.

2. A SPECIFIC DEVISEE HAS THE RIGHT TO THE REMAINING SPECIFICALLY DEVISED PROPERTY AND:ANY BALANCE OF THE PURCHASE PRICE, TOGETHER WITH ANY SECURITY INTEREST, OWING FROM A PURCHASER TO THE TESTATOR AT DEATH BY REASON OF SALE OF THE PROPERTY.ANY AMOUNT OF A CONDEMNATION AWARD FOR THE TAKING OF THE PROPERTY UNPAID AT DEATH.ANY PROCEEDS UNPAID AT DEATH ON FIRE OR CASUALTY INSURANCE ON THE PROPERTY.PROPERTY OWNED BY TESTATOR AT HIS DEATH AS A

RESULT OF FORECLOSURE, OR OBTAINED IN LIEU OF FORE­ CLOSURE, OF THE SECURITY FOR A SPECIFICALLY DEVISED OBLIGATION.

14-2609. Non-exoneration

A SPECIFIC DEVISE PASSES SUBJECT TO ANY MORTGAGE EXIST­ ING AT THE DATE OF DEATH, WITHOUT RIGHT OF EXONER­ ATION, REGARDLESS OF A GENERAL DIRECTIVE IN THE WILL TO PAY DEBTS.

14-2610. Exercise of power of appointment

A GENERAL RESIDUARY CLAUSE IN A WILL, OR A WILL MAKING GENERAL DISPOSITION OF ALL OF THE TESTATOR'S PROPERTY, DOES NOT EXERCISE A POWER OF APPOINTMENT HELD BY THE TESTATOR UNLESS SPECIFIC REFERENCE IS MADE TO THE POWER OR THERE IS SOME OTHER INDICATION OF INTENTION TO INCLUDE THE PROPERTY SUBJECT TO THE POWER.

14-2611. Construction of generic terms to accord with relationships as defined for intestate succession

HALFBLOODS, ADOPTED PERSONS AND PERSONS BORN OUT OF WEDLOCK ARE INCLUDED IN CLASS GIFT TERMINOLOGY AND TERMS OF RELATIONSHIP IN ACCORDANCE WITH RULES FOR DETERMINING RELATIONSHIPS FOR PURPOSES OF INTESTATE SUCCESSION.

14-2612. Ademption by satisfaction

PROPERTY WHICH A TESTATOR GAVE IN HIS LIFETIME TO A PERSON IS TREATED AS A SATISFACTION OF A DEVISE TO THAT PERSON IN WHOLE OR IN PART, ONLY IF THE WILL PROVIDES FOR DEDUCTION OF THE LIFETIME GIFT, THE TESTATOR DE­ CLARES IN A CONTEMPORANEOUS WRITING THAT THE GIFT IS TO BE DEDUCTED FROM THE DEVISE OR IS IN SATISFACTION OF THE DEVISE, OR THE DEVISEE ACKNOWLEDGES IN WRITING THAT THE GIFT IS IN SATISFACTION. FOR PURPOSE OF PARTIAL SATISFACTION, PROPERTY GNENDURING LIFETIME IS VALUED AS OF THE TIME THE DEVISEE CAME INTO POSSESSION OR ENJOYMENT OF THE PROPERTY OR AS OF THE TIME OF DEATH OF THE TESTATOR, WHICHEVER OCCURS FIRST.

ARTICLE 7. CONTRACTUAL ARRANGEMENTS RELATING TO DEATH

14-2701. Contracts concerning successions

A CONTRACT TO MAKE A WILL OR DEVISE, OR NOT TO REVOKE A WILL OR DEVISE, OR TO DIE INTESTATE, IF EXECUTED AFTER THE EFFECTIVE DATE OF THIS TITLE, CAN BE ESTABLISHED ONLY BY ONE OR MORE OF THE FOLLOWING:

1. PROVISIONS OF A WILL STATING MATERIAL PROVISIONS OF THE CONTRACT.

2. AN EXPRESS REFERENCE IN A WILL TO A CONTRACT AND EXTRINSIC EVIDENCE PROVING THE TERMS OF THE CONTRACT.

3. A WRITING SIGNED BY THE DECEDENT EVIDENCING THE CONTRACT. THE EXECUTION OF A JOINT WILL OR MUTUAL WILLS DOES NOT CREATE A PRESUMPTION OF A CONTRACT NOT TO REVOKE THE WILL OR WILLS.ARTICLE 8. GENERAL PROVISIONS14-2801. Renunciation of successionA PERSON, OR HIS PERSONAL REPRESENTATIVE, WHO IS AN HEIR, DEVISEE, PERSON SUCCEEDING TO A RENOUNCED INTEREST, BENEFICIARY UNDER A TESTAMENTARY INSTRU­ MENT OR PERSON DESIGNATED TO TAKE PURSUANT TO A POWER OF APPOINTMENT EXERCISED BY A TESTAMENTARY INSTRUMENT MAY RENOUNCE IN WHOLE OR IN PART THE SUCCESSION TO ANY PROPERTY OR INTEREST THEREIN BY FILING A WRITTEN INSTRUMENT WITHIN THE TIME AND AT THE PLACE HEREINAFTER PROVIDED. THE INSTRUMENT SHALL:DESCRIBE THE PROPERTY OR PART THEREOF OR INTEREST THEREIN RENOUNCED.BE SIGNED BY THE PERSON RENOUNCING.DECLARE THE RENUNCIATION AND THE EXTENT THEREOF.THE WRITING SPECIFIED IN SUBSECTION A MUST BE FILED WITHIN SIX MONTHS AFTER THE DEATH OF THE DECEDENT OR THE DONEE OF THE POWER, OR IF THE TAKER OF THEPROPERTY IS NOT THEN FINALLY ASCERTAINED NOT LATER THAN SIX MONTHS AFTER THE EVENT BY WHICH THE TAKER OR THE INTEREST IS FINALLY ASCERTAINED. THE WRITING MUST BE FILED IN THE COURT OF THE COUNTY WHERE PROCEEDINGS CONCERNING THE DECEDENT'S ESTATE ARE PENDING, OR WHERE THEY WOULD BE PENDING IF COMMENCED. A COPY OF THE WRITING ALSO SHALL BE MAILED TO THE PERSONAL REPRESENTATIVE OF THE DECEDENT.UNLESS THE DECEDENT OR DONEE OF THE POWER HAS OTHERWISE INDICATED BY HIS WILL, THE INTEREST RE­ NOUNCED AND ANY FUTURE INTEREST WHICH IS TO TAKE EFFECT IN POSSESSION OR ENJOYMENT AT OR AFTER THE TERMINATION OF THE INTEREST RENOUNCED, PASSES AS IF THE PERSON RENOUNCING HAD PREDECEASED THE DECEDENT, OR IF THE PERSON RENOUNCING IS ONE DESIGNATED TO TAKE PURSUANT TO A POWER OF APPOINTMENT EXERCISED BY A TESTAMENTARY INSTRUMENT, AS IF THE PERSON RENOUNCING HAD PREDECEASED THE DONEE OF THE POWER. IN EVERY CASE THE RENUNCIATION RELATES BACK FOR ALL PURPOSES TO THE DATE OF DEATH OF THE DECEDENT OR THE DONEE, AS THE CASE MAYBE.ANY OF THE FOLLOWING:ASSIGNMENT, CONVEYANCE, ENCUMBRANCE, PLEDGE OR TRANSFER OF PROPERTY THEREIN OR ANY CONTRACT THEREFOR;WRITTEN WAIVER OF THE RIGHT TO RENOUNCE OR ANY ACCEPTANCE OF PROPERTY BY AN HEIR, DEVISEE, PERSON SUCCEEDING TO A RENOUNCED INTEREST, BENEFICIARY OR PERSON DESIGNATED TO TAKE PURSUANT TO A POWER OF APPOINTMENT EXERCISED BY TESTAMENTARY INSTRUMENT;SALE OR OTHER DISPOSITION OF PROPERTY PURSUANT TO JUDICIAL PROCESS;MADE BEFORE THE EXPIRATION OF THE PERIOD IN WHICH HE IS PERMITTED TO RENOUNCE, BARS THE RIGHT TO RENOUNCE AS TO THE PROPERTY.THE RIGHT TO RENOUNCE GRANTED BY THIS SECTION EXISTS IRRESPECTIVE OF ANY LIMITATION ON THE INTEREST OF THE PERSON RENOUNCING IN THE NATURE OF A SPENDTHRIFT PROVISION OR SIMILAR RESTRICTION.CH-75 383LAWS OF ARIZONATHIS SECTION DOES NOT ABRIDGE THE RIGHT OF ANY PERSON TO ASSIGN, CONVEY, RELEASE OR RENOUNCE ANY PROPERTY ARISING UNDER ANY OTHER SECTION OF THIS TITLE OR OTHER STATUE.ANY INTEREST IN PROPERTY WHICH EXISTS ON THE EFFECTIVE DATE OF THIS SECTION, BUT WHICH HAS NOT THEN BECOME INDEFEASIBLY FIXED BOTH IN QUALITY AND QUANTITY, OR THE TAKER OF WHICH HAS NOT THEN BECOME FINALLY ASCERTAINED, MAY BE RENOUNCED AFTER THE EFFECTIVE DATE OF THIS SECTION AS PROVIDED HEREIN. AN INTEREST WHICH HAS ARISEN PRIOR TO THE EFFECTIVE DATE OF THIS SECTION IN ANY PERSON OTHER THAN THE PERSON RENOUNCING IS NOT DESTROYED OR DIMINISHED BY ANY ACTION OF THE PERSON RENOUNCING TAKEN UNDER THIS SECTION.

14-2802. Effect of divorce, annulment and decree of separation

1. A PERSON WHO IS DIVORCED FROM THE DECEDENT OR WHOSE MARRIAGE TO THE DECEDENT HAS BEEN ANNULLED IS NOT A SURVIVING SPOUSE UNLESS, BY VIRTUE OF A SUBSE­ QUENT MARRIAGE, HE IS MARRIED TO THE DECEDENT AT THE TIME OF DEATH. A DECREE OF SEPARATION WHICH DOES NOT TERMINATE THE STATUS OF HUSBAND AND WIFE IS NOT A DIVORCE FOR PURPOSES OF THIS SECTION.

2. FOR PURPOSES OF ARTICLES 1, 2, 3 AND 4 OF THIS CHAPTER AND OF SECTION 14-3203, A SURVIVING SPOUSE DOES NOT INCLUDE:A PERSON WHO OBTAINS OR CONSENTS TO A FINAL DECREE OR JUDGMENT OF DIVORCE FROM THE DECEDENT OR AN ANNULMENT OF THEIR MARRIAGE, WHICH DECREE OR JUDG­ MENT IS NOT RECOGNIZED AS VALID IN THIS STATE, UNLESS THEY SUBSEQUENTLY PARTICIPATE IN A MARRIAGE CEREMONY PURPORTING TO MARRY EACH TO THE OTHER, OR SUBSE­ QUENTLY LIVE TOGETHER AS MAN AND WIFE.A PERSON WHO, FOLLOWING A DECREE OR JUDGMENT OF DIVORCE OR ANNULMENT OBTAINED BY THE DECEDENT, PAR­ TICIPATES IN A MARRIAGE CEREMONY WITH A THIRD PERSON.A PERSON WHO WAS A PARTY TO A VALID PROCEEDING CONCLUDED BY AN ORDER PURPORTING TO TERMINATE ALL MARITAL PROPERTY RIGHTS.14-2803. Effect of homicide on intestate succession, wills, joint assets, life insurance and beneficiary designationsA SPOUSE, HEIR OR DEVISEE WHO FELONIOUSLY AND INTENTIONALLY KILLS THE DECEDENT IS NOT ENTITLED TO ANY BENEFITS UNDER THE WILL OR UNDER THIS CHAPTER, AND THE ESTATE OF DECEDENT PASSES AS IF THE KILLER HAD PREDECEASED THE DECEDENT. PROPERTY APPOINTED BY THE WILL OF THE DECEDENT TO OR FOR THE BENEFIT OF THE KILLER PASSES AS IF THE KILLER HAD PREDECEASED THE DECEDENT.ANY JOINT TENANT WHO FELONIOUSLY AND INTEN­ TIONALLY KILLS ANOTHER JOINT TENANT THEREBY EFFECTS A SEVERANCE OF THE INTEREST OF THE DECEDENT SO THAT THE SHARE OF THE DECEDENT PASSES AS HIS PROPERTY AND THE KILLER HAS NO RIGHTS BY SURVIVORSHIP. THIS PROVISION APPLIES TO JOINT TENANCIES IN REAL AND PERSONAL PROP­ ERTY, JOINT ACCOUNTS IN BANKS, SAVINGS AND LOAN ASSOCI­ ATIONS, CREDIT UNIONS AND OTHER INSTITUTIONS, AND ANY OTHER FORM OF CO-OWNERSHIP WITH SURVIVORSHIP INCI­ DENTS.A NAMED BENEFICIARY OF A BOND, LIFE INSURANCE POLICY OR OTHER CONTRACTUAL ARRANGEMENT WHO FELONI­ OUSLY AND INTENTIONALLY KILLS THE PRINCIPAL OBLIGEE OR THE PERSON UPON WHOSE LIFE THE POLICY IS ISSUED IS NOT ENTITLED TO ANY BENEFIT UNDER THE BOND, POLICY OR OTHER CONTRACTUAL ARRANGEMENT, AND IT BECOMES PAY­ ABLE AS THOUGH THE KILLER HAD PREDECEASED THE DECEDENT.ANY OTHER ACQUISITION OF PROPERTY OR INTEREST BY THE KILLER SHALL BE TREATED IN ACCORDANCE WITH THE PRINCIPLES OF THIS SECTION.A FINAL JUDGMENT OF CONVICTION OF FELONIOUS AND INTENTIONAL KILLING IS CONCLUSIVE FOR PURPOSES OF THIS SECTION. IN THE ABSENCE OF A CONVICTION OF FELONIOUS AND INTENTIONAL KILLING THE COURT MAY DETERMINE BY A PREPONDERANCE OF EVIDENCE WHETHER THE KILLING WAS FELONIOUS AND INTENTIONAL FOR PURPOSES OF THIS SECTION.CH 75 385LAWS OF ARIZONATHIS SECTION DOES NOT AFFECT THE RIGHTS OF ANY PERSON WHO, BEFORE RIGHTS UNDER THIS SECTION HAVE BEEN ADJUDICATED, PURCHASES FROM THE KILLER FOR VALUE AND WITHOUT NOTICE PROPERTY WHICH THE KILLER WOULD HAVE ACQUIRED EXCEPT FOR THIS SECTION, BUT THE KILLER IS LIABLE FOR THE AMOUNT OF THE PROCEEDS OR THE VALUE OF THE PROPERTY. ANY INSURANCE COMP ANY, BANK, OR OTHER OBLIGOR MAKING PAYMENT ACCORDING TO THE TERMS OF ITS POLICY OR OBLIGATION IS NOT LIABLE BY REASON OF THIS SECTION UNLESS PRIOR TO PAYMENT IT HAS RECEIVED AT ITS HOME OFFICE OR PRINCIPAL ADDRESS WRITTEN NOTICE OF A CLAIM UNDER THIS SECTION.ARTICLE 9. CUSTODY AND DEPOSIT OF WILLS14-2901. Deposit of will with court in testator's lifetimeA WILL MAY BE DEPOSITED BY THE TESTATOR OR HIS AGENT WITH ANY COURT FOR SAFEKEEPING, UNDER RULES OF THE COURT. THE WILL SHALL BE KEPT CONFIDENTIAL. DURING THE TESTATOR'S LIFETIME A DEPOSITED WILL SHALL BE DELIVERED ONLY TO HIM OR TO A PERSON AUTHORIZED IN WRITING SIGNED BY HIM TO RECEIVE THE WILL. A CONSERVATOR MAY BE ALLOWED TO EXAMINE A DEPOSITED WILL OF A PROTECTED TESTATOR UNDER PROCEDURES DESIGNED TO MAINTAIN THE CONFIDENTIAL CHARACTER OF THE DOCUMENT TO THE EXTENT POSSIBLE, AND TO ASSURE THAT IT WILL BE RESEALED AND LEFT ON DEPOSIT AFTER THE EXAMINATION. UPON BEING INFORMED OF THE TESTATOR'S DEATH, THE COURT SHALL NOTIFY ANY PERSON DESIGNATED TO RECEIVE THE WILL AND DELIVER IT TO HIM ON REQUEST, OR THE COURT MAY DELIVER THE WILL TO THE APPROPRIATE COURT.14-2902. Duty of custodian of will; liabilityAFTER THE DEATH OF A TESTATOR AND ON REQUEST OF AN INTERESTED PERSON, ANY PERSON HAVING CUSTODY OF A WILL OF THE TESTATOR SHALL DELIVER IT WITH REASONABLE PROMPTNESS TO A PERSON ABLp TO SECURE ITS PROBATE AND IF NONE IS KNOWN, TO AN APPROPRIATE COURT. ANY PERSON WHO WILFULLY FAILS TO DELIVER A WILL IS LIABLE TO ANY PERSON AGGRIEVED FOR THE DAMAGES WHICH MAY BE SUS­ TAINED BY THE FAILURE. ANY PERSON WHO WILFULLYREFUSES OR FAILS TO DELIVER A WILL AFTER BEING ORDERED BY THE COURT IN A PROCEEDING BROUGHT FOR THE PURPOSE OF COMPELLING DELIVERY IS SUBJECT TO PENALTY FOR CONTEMPT OF COURT.CHAPTER 3.PROBATE OF WILLS AND ADMINISTRATION ARTICLE 1. GENERAL PROVISIONS