SECTION 4.7 – SIMULTANEOUS DEATH AND SURVIVORSHIP PROBLEMS
A person must survive by 120 hours to qualify for an intestate share of the decedent’s estate or to receive statutory allowances. A.R.S. § 14-2104(A). Absent clear and convincing evidence to the contrary, an individual is deemed to have failed to survive the decedent by 120 hours. A.R.S. § 14-2104(B). These rules do not apply if they would result in the decedent’s estate escheating. A.R.S. § 14-2104(C). A.R.S. § 14-2104 implicitly...
