AZ HB2326

Establishes preponderance of evidence as the standard of proof in judicial proceedings under probate law, with parties bearing the ultimate burden of persuasion on matters they must initially prove.

Creates rebuttable presumption that a person executing a governing instrument has capacity and acts free from undue influence and duress, with the proponent required to establish prima facie proof of due execution.

Shifts burden to parties challenging validity of governing instruments to prove invalidity by preponderance of evidence, except when undue influence is presumed based on confidential relationships or when the preparer is a principal beneficiary.

Allows beneficiaries to overcome presumptions of undue influence by presenting preponderance of evidence, and excludes durable powers of attorney and multiple party account proceedings from these burden-of-proof provisions.

Clarifies that when a will is challenged by petition for a later will or declaration of intestacy, the validity of the later will or the will itself must be determined first.