Deason Garner & Sparks
  • Home
  • Estate Planning
    • Planning Basics
      • Estate Planning
        Understand the purpose and pieces of a complete estate plan.
      • Living Trusts
        Learn why a Living Trust is the foundation for many families.
      • Wills & Probate
        See how wills, trusts, and probate work together.
      • Protecting What You’ve Built
        Coordinate property, accounts, businesses, and beneficiary assets with your plan.
      Planning for Life
      • Planning for You
        Make decisions now for incapacity, health care, and the people you trust.
      • Planning for Your Family
        Protect the people you love and give them clear direction.
      • Long-Term Care
        Plan ahead for later-life care and changing family needs.
      • Special Circumstances
        Plan for blended families, special needs, minor children, businesses, and other unique circumstances.
      Ongoing Support
      • Keep Your Plan Current
        Review and update your plan as life changes.
      • Trust Administration
        Help for the people who will carry out your plan.
      • Arizona Legal Reference
        ARS Title 14 (Sep 2026)
    • Start with a free seminar

      Learn the basics, ask questions, and get to know our team before making decisions.

      View seminars

      Schedule a consultation

      Talk with our team about your family, your goals, and the questions that matter to your plan.

      Schedule appointment

  • About
    • About DGS
      Meet our firm, our attorneys, and the history behind Deason Garner & Sparks.
    • Our Approach
      Learn how education, planning, and ongoing support work together.
    • Privacy Policy
      How we collect, use, and protect information submitted through our website.
  • Seminars
    • What to Expect
      See what our free in-person seminars cover and what to expect when you attend.
    • Online Seminar
      Watch the estate planning seminar online at your convenience.
  • Pay Online
  • Contact Us
    • Book an Appointment
    • Call (928) 783-4575
    • Send a Message
  • SITE SEARCH
    What can we help you find?
    ×
    Thank you! Your submission has been received!
    Oops! Something went wrong while submitting the form.
6024 E 32nd St
Yuma, AZ 85365
(928) 783-4575
‍
Mon-Thur:
Fri:
9:00 AM–5:00 PM
9:00 AM–12:00 PM
‍
← Back to Arizona Legal Reference
14-2606

Right to specific devises; unpaid proceeds of sale, condemnation or insurance; sale by conservator or agent

Rules of Construction

A. A specific devisee has a right to the specifically devised property in the testator's estate at death and to the following:

1. Any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property.

2. Any amount of a condemnation award for the taking of the property unpaid at death.

3. Any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property.

4. Property owned by the testator at death and acquired as a result of foreclosure or obtained in lieu of foreclosure of the security interest for a specifically devised obligation.

B. If specifically devised property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal or if a condemnation award, insurance proceeds or recovery for injury to the property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds or the recovery.

It is not necessary to adjudicate the issue of incapacity for an agent to act under this subsection. An agent's actions that are within the authority of a durable power of attorney are presumed to be on behalf of the incapacitated principal. For the purposes of this subsection, "incapacitated principal" means a principal who is an incapacitated person.

C. The right of a specific devisee under subsection B is reduced by any right the devisee has under subsection A.

D. The provisions in subsection B that relate to the actions of a conservator do not apply if, after the sale, mortgage, condemnation, casualty or recovery, it was adjudicated that the testator's incapacity ceased and the testator survived the adjudication by one year.

Last verified against the Arizona Legislature:
September 15, 2026
Official Arizona Legislature Source
Deason Garner & Sparks
(928) 783-45756024 E 32nd St
Yuma, AZ 85365
Business HoursMon–Thur: 9:00 AM–5:00 PMFriday: 9:00 AM–12:00 PM
Schedule an AppointmentRegister for a Free Seminar
  • Explore

  • Estate Planning
  • Living Trusts
  • Our Approach
  • Seminars
  • Contact
  • Planning Topics

  • Planning for You
  • Planning for Your Family
  • Protecting What You’ve Built
  • Special Circumstances
  • Wills & Probate
  • Trust Administration
  • Long-Term Care Planning
  • Keep Your Plan Current
  • Get Started

  • Book an Appointment
  • Attend a Free Seminar
  • Estate Planning
  • Living Trusts
  • About DGS

  • About
  • Our Approach
  • Frequently Asked Questions
  • Contact
  • Call Us
  • Facebook
© 2026 Deason Garner & Sparks. All rights reserved.
  • Estate Planning
  • Seminars
  • Contact
CLOSE

Seminar Registration

Privacy Notice: We only use your information to contact you about the services we offer. We will not sell your data or share it without your consent.

Thank you! We've received your seminar registration. Our team will contact you if we need anything else.
We couldn't submit your registration. Please try again or call (928) 783-4575 for assistance.