Disclaimer: This article provides general information about Arizona intestacy law. It does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.
Detailed Answer
1. Identifying Estate Property
Under Arizona law, a decedent’s assets fall into two main categories:
- Real Property: Land, buildings, mineral rights, and other interests in land.
- Personal Property: Tangible items (furniture, vehicles, jewelry) and intangible assets (bank accounts, stocks, retirement accounts).
2. Inventory and Appraisal by the Personal Representative
After the court appoints a personal representative (executor) of an intestate estate, the representative must:
- Prepare an Inventory and Appraisement of all estate assets valued at the date of death. See A.R.S. § 14-3721 (Inventory and Appraisement).
- File the inventory with the probate court within 90 days of appointment (or longer if the court grants an extension).
- Include detailed descriptions and fair market values for real and personal property. This step gives the court and beneficiaries a clear record of the estate’s worth.
3. Distribution Under Arizona Intestacy Rules
When someone dies without a valid will, Arizona Revised Statutes Title 14, Chapter 2 governs how assets pass to heirs.
a. Order of Heirs
- Spouse
- Children (and descendants of deceased children)
- Parents
- Siblings (and descendants of deceased siblings)
- More remote relatives (grandparents, aunts, uncles, etc.)
b. Community vs. Separate Property
Arizona is a community-property state. Assets are classified as:
- Community Property: Property acquired during marriage (except by gift or inheritance).
- Separate Property: Property owned before marriage, acquired by gift or inheritance, or designated as separate by agreement.
The distribution rules differ for each category. See A.R.S. § 14-2111 (Succession to Separate and Community Property).
c. Sample Distribution Scenarios
- Spouse Only: The spouse inherits all community and separate property.
- Spouse + One Child:
- All community property to the spouse.
- ½ of separate property to the spouse; ½ to the child.
- Spouse + Multiple Children:
- All community property to the spouse.
- ⅓ of separate property to the spouse; ⅔ divided equally among children.
- No Spouse, Children Survive: Estate divided equally among children.
- No Spouse or Descendants: Estate passes to parents, then siblings, then more distant relatives per A.R.S. § 14-2102 (Intestate Succession).
Helpful Hints
- Gather deeds, titles, account statements, and beneficiary designations early.
- Check if any assets bypass probate (e.g., life insurance, retirement accounts with named beneficiaries).
- Keep thorough records of asset values as of the date of death.
- Consult a probate attorney if disputes arise over heirship or valuation.
- Review community-property agreements or premarital contracts that may affect classification.