Who Must Prove What
In a contested formal testacy proceeding, the burden of proof depends on what each party is asking the court to do. The person petitioning for intestacy (claiming there is no valid will) carries one set of responsibilities. The person seeking to admit a will to probate carries another.
In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue and heirship. Proponents of a will, if they are also petitioners, have the burden of establishing prima facie proof of death and venue.
A.R.S. § 14-3407Notice the difference: the person claiming intestacy must prove heirship (their relationship to the deceased), while the will proponent does not. This makes sense because the will itself identifies the beneficiaries. The will proponent needs to show that the deceased has passed away and that the case is filed in the right county.
The Will Gets Decided First
When a contested case involves both a will offered for probate and a competing claim of intestacy, Arizona law sets a clear order of operations. The court determines whether the will is entitled to probate before addressing any intestacy claims.
If a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.
A.R.S. § 14-3407This priority makes practical sense. If the court validates the will, the intestacy question becomes moot. If the will is found invalid, the court then moves on to determine heirship under Arizona's intestacy laws. This structured approach prevents the court from resolving inheritance questions before knowing whether a valid will controls the distribution.
