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. 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. § 14-3407
Formal testacy proceedings; burdens in contested cases
Applied in 1 court decision — leading case Estate of Blake v. Benza (1978)
Most recently applied in Estate of Blake v. Benza (November 1978)
Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.