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A.R.S. § 14-1201

Key Definitions in Probate and Trust Code

Verified April 4, 202657th Legislature, 1st Regular Session

This statute defines over 70 legal terms used in Arizona's probate, trust, and estate code (Title 14). Courts, attorneys, and families rely on it to understand key words like "beneficiary," "personal representative," "surviving spouse," "will," and "trust."

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

azleg.gov

Why Definitions Matter More Than You Think

Legal definitions are not just technicalities. When a statute says "personal representative," it means something specific. The same is true for "interested person."

This section sets the exact meaning of every key word used in Title 14. It covers terms from "agent" and "beneficiary" to "trust" and "will."

"Personal representative" includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status.

A.R.S. § 14-1201(48)

Knowing these definitions helps clarify who can take part in a proceeding. It also shows what counts as "property" or "claims" against an estate.

Terms That Come Up Most Often

"Beneficiary" has four distinct meanings based on context. These include trust beneficiary, charitable trust beneficiary, beneficiary of a designation (like a life insurance policy), and beneficiary under a governing document.

"Interested person" is broad. It includes heirs, devisees, creditors, trustees, and anyone with a property right or claim against the estate.

"Will" includes a codicil and any testamentary instrument that merely appoints a personal representative, revokes or revises another will, nominates a guardian or conservator, or both, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. A will may be a paper will or an electronic will.

A.R.S. § 14-1201(71)

This section also defines "electronic will," "certified paper original," and "qualified custodian." These reflect the recognition of electronic wills under the updated code.

The definition of "surviving spouse" is especially important in inheritance disputes.

How These Definitions Affect Families

For families going through probate, these definitions control who gets a voice. If you are not an "interested person," the court may not let you take part or challenge a decision.

The meaning of "surviving spouse" matters when inheritance rights are at stake. It can decide whether someone qualifies for a homestead allowance, exempt property, or a family allowance.

For anyone reading Title 14, this section is the starting point. It tells you what each term means in practice so you can follow the statutes that come after.

In this title, unless the context otherwise requires: 1. "Agent" includes an attorney-in-fact under a durable or nondurable power of attorney, a person who is authorized to make decisions concerning another person's health care and a person who is authorized to make decisions for another person under a natural death act. 2. "Application" means a written request to the registrar for an order of informal probate or appointment under chapter 3, article 3 of this title. 3. "Basis for compensation" means an hourly rate, a fixed fee or a contingency fee agreement and reimbursable costs. 4. "Beneficiary", as it relates to a trust beneficiary, includes a person who has any present or future interest, vested or contingent, and includes the owner of an interest by assignment or other transfer. (Section continues with 71 total definitions covering terms used throughout Title 14.)

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.

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