AZ risk area
Intestacy risk in Arizona
How assets are distributed when there is no will and state default rules control the outcome.
Arizona intestacy rules apply to separate property and the decedent's half of community property, with spouse shares based on whether all descendants are joint.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- If there are no descendants or all descendants are also the spouse's, the spouse receives the entire intestate estate.
- If any descendant is not the spouse's, the spouse receives one-half of separate property and no interest in the decedent's half of community property.
- Remaining estate passes to descendants, then parents, then siblings, then grandparents and their descendants.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Questions to consider
Questions this risk area helps you evaluate in Arizona
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
Arizona intestacy rules apply to separate property and the decedent's half of community property, with spouse shares based on whether all descendants are joint.
- If there are no descendants or all descendants are also the spouse's, the spouse receives the entire intestate estate.
- If any descendant is not the spouse's, the spouse receives one-half of separate property and no interest in the decedent's half of community property.
- Remaining estate passes to descendants, then parents, then siblings, then grandparents and their descendants.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://www.azleg.gov/ars/14/02102.htm
- https://www.azleg.gov/ars/14/02103.htm
- https://www.nolo.com/legal-encyclopedia/intestate-succession-arizona.html
- https://www.azleg.gov/ars/14/02104.htm
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Arizona.