Part of our Arizona Probate and Estate Litigation practice.
When an Arizona resident dies without a valid will, the probate estate passes to the surviving spouse alone if all of the decedent’s children are also the spouse’s children; otherwise the spouse takes half of the decedent’s separate property and none of the decedent’s half of the community property, with the rest going to the decedent’s children. With no spouse, the estate goes to descendants, then parents, then siblings and their descendants, then grandparents and their descendants. Non-probate assets (joint accounts, beneficiary designations, trust property) pass outside these rules.
Want to see how an Arizona intestate estate may be distributed? Use our free intestacy calculator. No email required. Or read more below.
Arizona Intestacy Explained
When someone dies without a will in Arizona, the law decides who inherits, not the family.
These rules are called Arizona intestate succession laws, and they determine how the probate estate is divided when there is no valid will.
Many people assume the surviving spouse automatically inherits everything. That is not always true.
The outcome depends on:
- Whether there is a surviving spouse
- Whether there are children
- Whether any children are from another relationship
- Whether a child is deceased but left children
- Whether property is community or separate
In blended families especially, the results can be very different from what surviving spouses or children expect.
Does a Spouse Inherit Everything in Arizona?
Sometimes, but not always.
A surviving spouse may inherit the entire probate estate if:
- All children are shared between the spouses
- There are no children from another relationship
However, if the decedent had children from outside the marriage, Arizona law may divide the estate between the spouse and those children.
Community property and separate property may also be treated differently.
These distinctions matter. They frequently create confusion.
How Arizona Inheritance Laws Work Without a Will
Arizona intestate succession generally follows this order:
- Surviving spouse
- Children and grandchildren (by representation)
- Parents
- Siblings (and nieces/nephews by representation)
- More distant relatives
If there are no qualifying heirs, the estate may ultimately pass to the State of Arizona. But the real-world application of these statutes depends heavily on family structure and property characterization.
Arizona Intestate Succession at a Glance
| Who survives the decedent | Who inherits the probate estate |
|---|---|
| Spouse, and all children are also the spouse’s | Spouse takes everything |
| Spouse, and no children | Spouse takes everything |
| Spouse, and one or more children from another relationship | Spouse takes half of the separate property; children take the decedent’s half of the community property and the other half of the separate property |
| No spouse; children or grandchildren | Descendants, by representation |
| No spouse or descendants | Parents, then siblings and their descendants, then grandparents and their descendants |
| No relatives | The State of Arizona |
Source: A.R.S. §§ 14-2102 and 14-2103. Use the Arizona Intestacy Calculator to apply these rules to a specific family.
Blended Families: Where Problems Often Begin
Consider a common situation:
-
- A married person dies.
- They have children from a prior relationship.
- One child is deceased but left two children of their own.
Under Arizona intestacy laws, the surviving spouse may not inherit everything. Separate property and community property may be divided differently. Grandchildren may inherit their deceased parent’s share. These are the scenarios that most often lead to disagreement.
Explore How Arizona Intestacy Laws May Apply to Your Situation
Use our free interactive calculator to walk through key questions and see how Arizona’s statutory order of priority might apply, before you speak with an attorney.
Try the Free Intestacy Calculator →
Frequently Asked Questions About Intestate Inheritance in Arizona
- Who inherits when there is no will in Arizona?
- The surviving spouse and descendants first, under A.R.S. § 14-2102; if there is no spouse or descendant, the decedent’s parents, then siblings, then more distant relatives under § 14-2103. If no heir exists, the estate passes to the State.
- Does a spouse inherit everything in Arizona if there is no will?
- Only if every child of the decedent is also a child of the surviving spouse (or there are no children). If the decedent had a child from another relationship, the spouse receives half of the separate property and the children receive the decedent’s half of the community property and the other half of the separate property.
- Do stepchildren inherit under Arizona intestacy law?
- No. Stepchildren are not heirs unless they were legally adopted. Adopted children inherit from adoptive parents the same as biological children.
- How are grandchildren treated when their parent has died?
- They take their deceased parent’s share by representation, split equally among them.
- Does a will from another state, or a trust, change any of this?
- A valid will (including one executed in another state) controls the probate estate instead of intestacy. Trust property and other non-probate assets pass under their own documents regardless of intestacy.
- Does Arizona have an inheritance tax or estate tax?
- No. Arizona has no state inheritance tax and no state estate tax. Only very large estates are subject to the federal estate tax, and beneficiaries do not owe Arizona income tax on an inheritance itself.
- What is the 120-hour rule in Arizona?
- An heir must survive the decedent by at least 120 hours (five days) to inherit under intestacy (A.R.S. § 14-2104). If an heir dies within that window, the estate passes as if the heir had died first.
Related Pages
- Arizona Probate and Estate Litigation
- Special Rules of Arizona Intestate Inheritance
- Requirements for a Valid Will
- Community vs. Separate Property
- Steps in the Arizona Probate Process
- Arizona Intestacy Calculator
Talk With an Arizona Probate Attorney
If you are:
- A surviving spouse unsure of your rights
- A child from another relationship concerned about your share
- A grandchild inheriting by representation
- A personal representative navigating intestacy
We can evaluate your specific situation.
