Why Arizona Requires a Five-Day Waiting Period
This rule addresses a common tragedy: when family members die close together in time, such as in a car accident or natural disaster. Without a survival requirement, property could pass to an heir who died hours or days later, creating a chain of estates that each require separate probate proceedings.
A person who does not survive the decedent by at least one hundred twenty hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property and intestate succession, and the decedent's heirs are determined accordingly.
A.R.S. § 14-2104(A)By requiring a 120-hour gap, Arizona simplifies estate administration. If the heir does not survive for five full days, the estate passes directly to the next eligible person in the succession order, skipping an unnecessary additional probate.
The Burden of Proof
When the timing of death is uncertain, the law does not presume survival. Instead, it presumes the opposite: unless clear and convincing evidence proves the heir survived by at least 120 hours, the heir is treated as having predeceased the deceased.
If it is not established by clear and convincing evidence that a person who would otherwise be an heir survived the decedent by at least one hundred twenty hours, it is deemed that the individual failed to survive for the required period.
A.R.S. § 14-2104(B)There is one important exception: this rule does not apply if enforcing it would cause the entire estate to pass to the state (known as escheat). If every heir would be disqualified by the 120-hour rule, the rule is set aside so the closest relative can still inherit.
