After a loved one passes, your world shrinks to navigating a fog of grief and just getting through the next hour. The last thing you have the energy for is sorting through legal documents and financial accounts. Then comes the shocking discovery: they never made a will. Suddenly, a fresh wave of anxiety and questions hit:
- Who is in charge of everything?
- What happens to their home, their savings, the heirlooms you cherish?
- Are years of hard work now subject to a cold, impersonal set of state rules?
When a person dies without a will in Arizona, the state imposes a default plan known as intestate succession. While this rigid legal process determines who inherits the estate, it does not mean you are powerless. Understanding how to navigate Arizona intestate succession is the first step in protecting your family’s rights and ensuring your loved one’s legacy has the respect it deserves. Before you can make informed decisions, though, you need to know how the process unfolds from a legal perspective.
What Happens When There Is No Will in Arizona?
When a person passes away without a valid will, they are said to have died intestate. In these situations, state law dictates how to divide and distribute the deceased person’s property. Arizona law provides a clear hierarchy of relatives who are eligible to inherit the estate’s assets. Although these laws reflect what the average person would likely want, they may not align with your loved one’s specific wishes or unique family dynamics.
Property Division Under Arizona Intestate Succession Law
State intestacy laws detail a specific order of priority based on which family members survive the decedent. The law addresses several common family situations, including when:
- Survived by a spouse and children who are also the spouse’s children. The surviving spouse inherits the decedent’s half of the community property and all of the decedent’s separate property.
- Survived by a spouse and children from a different relationship. The surviving spouse inherits the decedent’s half of the community property. The decedent’s separate property is divided equally between the surviving spouse and the children.
- Survived by a spouse but no children. The surviving spouse inherits the entire estate.
- Survived by children but no spouse. The children inherit the entire estate, divided equally among them.
- Survived by parents but no spouse or children. The decedent’s parents inherit the entire estate.
- Survived by siblings but no spouse, children, or parents. The decedent’s siblings inherit the estate.
This sequence continues to more distant relatives if no immediate family members are alive. If the decedent has no living relatives, the estate goes to the state.
When there is no will in Arizona, the estate must still go through the probate court process. The court will appoint a personal representative to manage the estate. This individual is responsible for gathering the decedent’s assets, paying any outstanding debts and taxes, and distributing the remaining property to the rightful heirs according to state law. Arizona statutes establish a priority list for who can be appointed personal representative, starting with the surviving spouse, followed by other heirs.
Navigating a probate case without a will can be challenging. Having knowledgeable legal guidance is essential in moving through the process correctly and efficiently.
Why Choose Theut Scaringelli & Kupiszewski for Your Probate Needs
At Theut Scaringelli & Kupiszewski P.L.C., we understand the pain and uncertainty you are facing. Our attorneys focus exclusively on probate, trust, and estate law, bringing a depth of knowledge that is rare in the legal field. With a history in Arizona dating back to the 1980s, we have only appeared before the nine Maricopa County Superior Court probate judges. This intimate knowledge of the system allows us to bring order to chaos, articulating your situation with a precision that judges understand and respect.
We have been involved in some of the most significant and contentious probate matters in Arizona’s history. We have resolved these complex problems reasonably and effectively, and we will do the same for yours.
Take the First Step Toward Clarity and Resolution—Contact Us Today
Dying intestate in Arizona adds legal stress to an already difficult time. Our firm has the experience to guide you through every step of the intestate and probate processes to fight for your family’s rightful inheritance. Contact us today to learn how we can help you find closure and move forward.
Resources:
- Priority among persons seeking appointment as personal representative, A. R. S. § 14-3203 (2024), link.
