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A.R.S. § 14-2702

The 120-Hour Survival Rule for Estates

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

A person named in a will, trust, or other estate document must survive the event by at least 120 hours (five days). If survival is not proven by clear and strong evidence, the law treats that person as having died first.

Title 14, INTESTATE SUCCESSION AND WILLS

azleg.gov

How the Five-Day Rule Works Across All Estate Documents

This rule applies to nearly every type of estate planning document. It covers wills, trusts, payable-on-death accounts, and beneficiary forms. A person named in any of these must survive the decedent by at least five days to inherit.

For the purposes of this article, except as provided in subsection D of this section, a person who is not established by clear and convincing evidence to have survived an event, including the death of another person, by one hundred twenty hours is deemed to have predeceased the event.

A.R.S. § 14-2702(A)

The rule also covers co-owned property with right of survivorship. If two co-owners die close together and no one can prove one survived the other by 120 hours, the property splits in half. One half passes as if the first co-owner survived. The other half passes as if the second did.

This means community property and joint tenancy property follow the same approach.

When the Rule Does Not Apply

Arizona carves out several exceptions. The 120-hour rule does not apply when the document speaks directly to simultaneous deaths or common disasters. It also does not apply if the document waives the survival rule or sets a different time period.

Other exceptions prevent odd results. For example, if applying the rule would void a property interest under the Rule Against Perpetuities, the court sets it aside. The same is true if the rule would cause a gift to fail or repeat across multiple documents.

Arizona chose 120 hours to balance two goals. It prevents problems from near-simultaneous deaths without slowing down estate work. Knowing whether your plan uses formal or informal probate helps you see how this rule plays out.

For families building estate plans, this statute shows why clear survival clauses matter. The 120-hour default works in most cases. However, some plans benefit from a longer period, and others work better with no survival rule at all.

A. For the purposes of this article, except as provided in subsection D of this section, a person who is not established by clear and convincing evidence to have survived an event, including the death of another person, by one hundred twenty hours is deemed to have predeceased the event. B. Except as provided in subsection D of this section, for purposes of a provision of a governing instrument that relates to a person surviving an event, including the death of another person, a person who is not established by clear and convincing evidence to have survived the event by one hundred twenty hours is deemed to have predeceased the event. C. Except as provided in subsection D of this section, if it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by one hundred twenty hours, one-half of the property passes as if one had survived by one hundred twenty hours and one-half as if the other had survived by one hundred twenty hours, and if there are more than two co-owners and it is not established by clear and convincing evidence that at least one of them survived the others by one hundred twenty hours, the property passes in the proportion that one bears to the whole number of co-owners. D. The survival requirements of this section do not apply if: 1. The governing instrument contains language that deals explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case. 2. The governing instrument expressly indicates that a person is not required to survive an event, including the death of another person, by any specified period or expressly requires the person to survive the event by a specified period. 3. The imposition of a one hundred twenty hour requirement of survival would cause a nonvested property interest or a power of appointment to fail to qualify for validity, or to become invalid under sect...

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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