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A.R.S. § 14-1102

Purposes and Rules of Construction for Arizona Probate and Trust Law

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

This statute sets the guiding principles for all of Arizona's probate, trust, and protective proceedings law. It directs courts to interpret Title 14 broadly in favor of simplifying estate matters, honoring a person's wishes, and resolving disputes efficiently and fairly.

Title 14, GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURTS

azleg.gov

What This Statute Actually Does

Most people never read the "purpose" section of a law. But this one matters more than it looks. A.R.S. 14-1102 tells Arizona courts how to interpret every other section of Title 14. When a judge faces an ambiguous situation involving a will, trust, guardianship, or conservatorship, this statute provides the lens.

This title shall be liberally construed and applied to promote its underlying purposes and policies.

A.R.S. § 14-1102(A)

"Liberally construed" is the key phrase. It means courts should interpret Title 14 in a way that accomplishes its goals, not in a way that creates technical obstacles. If two readings of a statute are possible, courts are supposed to pick the one that keeps things simpler and fairer for the people involved.

The Seven Underlying Goals

Subsection B lists seven purposes that run through all of Arizona's estate and protective proceedings law. Among them: simplifying and clarifying the law, honoring a decedent's intent, promoting a speedy and efficient system for settling estates, and protecting constitutional rights in guardianship and conservatorship cases.

To discover and make effective the intent of a decedent in distribution of his property.

A.R.S. § 14-1102(B)(2)

That second purpose is especially important for families. When a will or trust contains language that could be read more than one way, courts are instructed to figure out what the person actually meant and carry that out. The statute also emphasizes providing remedies for unreasonable conduct during proceedings, which protects families from bad-faith litigation that drains estate assets.

A. This title shall be liberally construed and applied to promote its underlying purposes and policies. B. The underlying purposes and policies of this title are: 1. To simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons. 2. To discover and make effective the intent of a decedent in distribution of his property. 3. To promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors. 4. To promote a speedy, efficient and inexpensive system for resolving disputes under chapter 5 of this title while ensuring that the due process and other constitutional rights of the persons subject to such proceedings are protected. 5. To provide just and appropriate remedies for parties who incur damages as the result of vexatious conduct, as defined by court rule, or other unreasonable conduct, during proceedings brought pursuant to this title, without impinging on the rights of individuals who are the subject of proceedings under chapter 5 of this title. 6. To facilitate use and enforcement of certain trusts. 7. To make uniform the law among the various jurisdictions.
View on azleg.gov

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Related Questions

What is probate, and how long does it take in Arizona?

Probate is a court-supervised process that validates a will, pays debts, and distributes assets. In Arizona, it typically takes 8 to 12 months and costs $10,000 to $15,000 in fees.

What documents are included in a basic estate plan?

A basic estate plan in Arizona typically includes a Last Will or Living Trust, Financial Power of Attorney, Healthcare Power of Attorney, Living Will, and sometimes a Pour-Over Will.

What is a Revocable Living Trust and how does it work?

A Revocable Living Trust lets you transfer asset ownership into a trust you control during your lifetime. When you pass, a successor trustee distributes assets to beneficiaries without probate.

Related Statutes

§ 14-1101Required Training for Arizona Judges Handling Estate and Trust Cases
§ 14-1103Supplementary Principles of Law in Arizona Probate Proceedings
§ 14-1104Prudent Cost Management in Arizona Guardianship and Conservatorship Cases

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