Arizona Laws 14-3415. Lost and missing wills; wills probated in other jurisdictions
A. If an original will that was last seen in the possession of the testator cannot be found after the testator‘s death, the testator is presumed to have destroyed the will with the intention of revoking it. This presumption may be rebutted by a preponderance of the evidence. If this presumption arises and is not rebutted the will is revoked.
Terms Used In Arizona Laws 14-3415
- Court: means the superior court. 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Original will: means either an original paper will or a certified paper original of an electronic will. See Arizona Laws 14-1201
- Person: means an individual or an organization. See Arizona Laws 14-1201
- Testator: A male person who leaves a will at death.
- Testator: includes a person of either sex. See Arizona Laws 14-1201
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
B. If a will is found to be valid and unrevoked and the original will is not available, its contents can be proved by a copy of the will and the testimony of at least one credible witness that the copy is a true copy of the original. It is not necessary for this person to be an attesting witness to the will.
C. If a will is found to be valid and unrevoked and a copy of the will is not available, its contents can be proved only by clear and convincing evidence. For this purpose it is not necessary for a witness to be an attesting witness to the will. On a finding of clear and convincing evidence of the contents of such a will, the court, by order, shall set forth the contents of the will in reasonable detail.
D. If a certified copy of the will, as probated in another jurisdiction, is not available, the contents of the will can be proved by a copy of the will and the testimony of at least one credible witness that the copy is a true copy of the original, as probated in the other jurisdiction. It is not necessary for this person to be an attesting witness to the will.