Who Inherits When There is No Will in Arizona?
A Guide to Arizona Intestate Succession Laws
When a person passes away without a valid Last Will and Testament in Arizona, their estate enters a process known as intestate succession. Without a will to guide the court, Arizona state law determines how assets—including real estate, bank accounts, and personal property—are distributed among heirs.
Navigating the Arizona probate process can be overwhelming during a time of grief. AZ Statewide Paralegal provides expert, cost-effective legal document preparation to help families settle estates efficiently without the high cost of a traditional law firm.
How Arizona Intestate Succession Works
Intestate succession laws are designed to pass property to the deceased’s closest living relatives. However, the distribution depends heavily on the individual’s family structure.
1. Surviving Spouse and Children
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Spouse Only: If there are no children, or all children belong to both the deceased and the surviving spouse, the spouse inherits everything.
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Blended Families: If the deceased had children from a previous relationship, the distribution changes. In Arizona, the surviving spouse typically receives one-half of the separate property, while the children from the previous relationship inherit the other half and the deceased’s share of community property.
2. Parents and Siblings
If the deceased was unmarried and had no descendants (children or grandchildren):
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The estate passes to the surviving parents in equal shares.
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If no parents are living, the assets are distributed among siblings (or nieces and nephews if the siblings are deceased).
3. Extended Family and “Escheat”
If no immediate family exists, the law looks to grandparents, aunts, uncles, or cousins. If no identifiable heirs can be found, the estate may “escheat,” meaning the assets are transferred to the State of Arizona.
Why Use a Certified Legal Document Preparer?
The Arizona Supreme
Court certifies legal document preparers to provide an affordable alternative to hiring an attorney. AZ Statewide Paralegal offers complete case management for probate and intestate matters.
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Avoid High Legal Fees: Save thousands of dollars compared to traditional attorney retainers.
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Expert Accuracy: With over 20 years of experience, we ensure your probate documents are filed correctly to avoid court delays.
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Professional Certification: As an AZCLDP (Arizona Certified Legal Document Preparer), we meet the highest state standards for reliability and professionalism.
Arizona Probate: Frequently Asked Questions
Can stepchildren inherit without a will? No. Under A.R.S. § 14-2114, stepchildren do not inherit unless they were legally adopted.
How long does probate take in Arizona? An uncontested informal probate typically takes 6 to 12 months, though document errors can lead to significant delays.
What are the costs of probate? Costs include court filing fees, publication fees, and document preparation. Using a paralegal service is the most cost-effective way to manage these expenses.
Get Started with the Arizona Probate Process Today
Don’t navigate the complexities of intestate succession alone. AZ Statewide Paralegal serves clients throughout Tucson, Phoenix, and Mesa with in-person, phone, and video consultations.
Contact an Office Near You:
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Tucson: (520) 327-4000 | 4400 E. Broadway, Suite 805
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Phoenix: (602) 253-1515 | 2942 N. 24th St, Suite 114
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Mesa: (480) 745-2552 | 625 W. Southern Ave, Suite E
Click here to schedule your initial meeting and protect your family’s inheritance.