A. After December 31, 1994, a person may enter into a contract to make a will or devise or not to revoke a will or devise or to die intestate only by:

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Terms Used In Arizona Laws 14-2514

  • Contract: A legal written agreement that becomes binding when signed.
  • Decedent: A deceased person.
  • Devise: To gift property by will.
  • Devise: when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will. See Arizona Laws 14-1201
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Intestate: Dying without leaving a will.
  • Person: means an individual or an organization. See Arizona Laws 14-1201
  • State: means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico. See Arizona Laws 14-9101
  • Writing: includes printing. See Arizona Laws 1-215

1. Provisions of a will that state the material provisions of the contract.

2. An express reference in a will to a contract and extrinsic evidence proving the terms of the contract.

3. A writing signed by the decedent evidencing the contract.

B. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.