Detailed Answer
When someone dies without a valid will in Arizona, they die “intestate” and state laws determine who inherits their property. Under Arizona law (ARS §14-2101), the probate court distributes assets to relatives in a specific order. This process ensures lawful heirs receive their shares based on their relationship to the decedent.
1. Who Qualifies as an Intestate Heir?
Intestate heirs typically include the surviving spouse, children, parents, siblings and more distant relatives if no closer heirs exist. Arizona’s statutes define the hierarchy:
- Spouse and children (ARS §14-2102)
- Parents and descendants of deceased parents (ARS §14-2103)
- Grandparents, aunts, uncles and their descendants
- The state of Arizona, if no legal relatives are found
2. Order of Distribution
Arizona breaks down shares based on surviving family. Here are common scenarios:
- Surviving Spouse Only: Receives the entire estate.
- Spouse and All Children Are Shared: If all children are also children of the surviving spouse, the spouse inherits everything.
- Spouse and Some Non-Marital Children: Surviving spouse receives one-half; children split the other half equally.
- Children Only: If no spouse survives, all children share equally.
- No Spouse or Children: Estate passes to parents. If a parent is deceased, that parent’s descendants inherit their share.
- No Parents or Descendants: Property goes to siblings and their descendants, then more remote relatives.
3. Hypothetical Example
Jane dies intestate, survived by her spouse and two children (both from the marriage). Under ARS §14-2102, the spouse receives all assets because all children are also the spouse’s children.
4. Probate Administration
Before distribution, Arizona requires appointment of a personal representative through probate court (ARS §14-2401). The representative gathers assets, pays debts and then distributes the remaining property per intestacy rules.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance tailored to your situation.
Helpful Hints
- Identify all potential heirs early—surviving spouses, children (including adopted), parents and siblings.
- Gather documents: death certificate, marriage certificate, birth and adoption records.
- Determine community property vs. separate property before distribution.
- Contact the probate court in the county where the decedent lived to start the process.
- Consider hiring an attorney if the estate is complex or disputes arise.
- Review Arizona’s intestacy statutes (Title 14, Chapter 2) for specific rules.