When someone passes away without a will, their family is often left with more questions than answers. Who gets what? How will assets be divided? Without an estate plan, the law steps in to make those decisions, and the results aren’t always what you might expect. This is why understanding intestate succession laws in Arizona is so important.

Estate planning isn’t just for the wealthy or the elderly—it’s an act of love and responsibility for your family, no matter your age or financial situation. Let’s break down what happens when someone dies without a will in Arizona, what the law says about asset distribution, and why having an estate plan in place can make all the difference.

What Is Intestate Succession?

Intestate succession refers to the process by which the state determines who inherits a person’s property when they pass away without a valid will. Arizona’s intestate succession laws create a kind of “default will” that dictates how assets are divided among surviving family members.

The key takeaway is if you don’t decide how to distribute your assets through a will or estate plan, the state decides for you. And Arizona’s rules might not match your wishes.

Arizona’s Intestate Succession Laws

Arizona is a community property state, which has a significant impact on how assets are distributed. Let’s break this down step by step:

1. Surviving Spouse

• If there are no descendants: The surviving spouse inherits everything, including both community and separate property.
• If there are descendants (all shared with the surviving spouse): The surviving spouse still inherits everything.
• If there are descendants from another relationship: The surviving spouse inherits their half of the community property, but the deceased’s share of separate property is divided among their descendants.

2. Children

• If there’s no surviving spouse, children inherit everything equally.
• Adopted children are treated the same as biological children under Arizona law.

3. No Spouse or Children

• If the deceased leaves no spouse or descendants, the estate goes to surviving parents.
• If there are no parents, siblings inherit the estate.

4. Distant Relatives

• If no immediate family members survive, the estate may pass to grandparents, aunts, uncles, or cousins.
• If there are no relatives at all, the assets “escheat” to the state of Arizona.

Special Rules to Consider

Arizona’s intestate succession laws cover a variety of unique situations, such as:

• Community Property: This includes assets acquired during the marriage. If you’re married, half of all community property automatically belongs to your spouse, and only the other half is subject to intestate rules.
• Half-Siblings: Half-blood relatives inherit the same as full-blood relatives.
• Posthumous Heirs: Children conceived but not yet born at the time of death may still inherit, provided they are born within ten months of the deceased’s passing.
• Adopted Children: They inherit from their adoptive parents as if they were biological children, but they may not inherit from their biological parents unless there’s a clear legal link.

Who Inherits What? A Quick Reference Table

Scenario	Who Inherits?
Spouse only, no children	Spouse inherits everything
Spouse and children (shared)	Spouse inherits everything
Spouse and children (from another union)	Spouse inherits half community property; children inherit separate property
No spouse, children only	Children inherit everything
No spouse or children, parents survive	Parents inherit everything
No spouse, children, or parents	Siblings inherit everything

The Probate Process in Arizona

If there’s no will, the estate usually goes through probate—a court-supervised process to distribute assets according to the intestate succession laws. Here’s how it works:

1. Initiating Probate Process: The process begins when an interested party files a petition with the probate court in the county where the deceased resided.
2. Appointing a Personal Representative: The court assigns someone to manage the estate.
3. Validating the Will: If the will exists, the court must determine its validity. 
4. Notifying Heirs and Creditors: The personal representative must notify all beneficiaries, heirs, and potential creditors of the probate proceedings. 
5. Inventorying Assets: The representative identifies and values the deceased’s assets. This inventory must be filed with the court within 90 days of appointment.
6. Paying Debts and Taxes: Any outstanding debts or taxes must be resolved before distribution.
7. Distributing Assets: Finally, the court oversees the transfer of assets to the rightful heirs.

Probate can be time-consuming and costly, which is another reason why creating a will is so important.

Assets That Skip Intestate Succession

Not all assets go through intestate succession. Some automatically transfer to designated beneficiaries, such as:

• Life insurance payouts
• Retirement accounts (401(k)s, IRAs)
• Payable-on-death accounts
• Jointly owned property with rights of survivorship
• Assets in a living trust

Make sure to update your beneficiary designations regularly to ensure these assets pass to the right people.

Why Does Estate Planning Matters?

Intestate succession may seem like a safety net, but it’s not foolproof. Without a will, you lose control over important decisions, such as:

• Guardianship of Minor Children: Who will care for your children if something happens to you?
• Distribution of Sentimental Items: Intestate laws don’t account for personal wishes or family dynamics.
• Avoiding Family Disputes: A clear estate plan can prevent misunderstandings and conflicts among loved ones.
• Creating a Legacy: Besides asset distribution, estate planning allows you to establish a legacy that reflects your values and priorities. This gives you the option to include charitable giving or specific instructions for future generations. 

By creating an estate plan, you’re not just distributing assets—you’re leaving an impression that reflects your values and priorities.

Take Control of Your Legacy with PayneLess Law

Planning for the future can feel overwhelming, but it doesn’t have to be. At PayneLess Law, we understand the importance of protecting your family and your legacy. Whether you need help drafting a will or exploring other estate planning options, we’re here to guide you every step of the way.

Let’s work together to ensure your wishes are honored, your loved ones are protected, and your legacy endures. Contact PayneLess Law today for a free consultation and take the first step toward peace of mind.