Arizona Intestacy Calculator

When someone dies without a valid will in Arizona, state law determines who inherits — and the answer depends on whether the assets are community property or separate property, whether the deceased was married, and who among their relatives survives them. Arizona follows its own intestate succession rules, which differ from most other states because Arizona is a community property state.

This free calculator walks you through the questions an Arizona estate attorney would ask to determine the statutory inheritance order. You will receive a plain-language breakdown of who is likely entitled to inherit, including the surviving spouse’s share, children’s shares, and what happens in blended-family situations.  This is just a tool and not a substitute for expert legal advice.

What This Tool Covers

The calculator addresses community property versus separate property distribution, the surviving spouse’s rights under Arizona law and inheritance when the deceased has children from a prior relationship.

How Arizona Intestate Succession Works

Arizona’s intestacy laws create a priority system for inheritance.  It depends on whether the deceased was married at the time of death.  If so, did they have children or deceased children, but living grandchildren.  It then depends on whether those children were shared with the surviving spouse.

If all children are shared, the spouse typically inherits everything. If the deceased had children from another relationship, the spouse receives half of the separate property and the children share the other half.  The children receive the deceased half of community property and the surviving spouse gets their share of community property.  Classifying community versus separate property involves numerous factors and can be very complicated.

When there is no surviving spouse, assets pass to descendants (children, then grandchildren). If there are no descendants, the law looks to parents, then siblings, then more distant relatives. Arizona also requires that an heir survive the deceased by at least 120 hours to inherit — a rule designed to prevent complications when family members die in a tragedy together.

Community Property vs. Separate Property in Arizona

Arizona is a community property state. Property acquired during marriage is generally community property regardless of whose name is on it. Property owned before the marriage, or received by gift or inheritance during the marriage, is separate property. This distinction matters significantly in intestacy because different distribution rules apply to each category. The calculator walks you through both.

Frequently Asked Questions

What happens if you die without a will in Arizona?

Arizona’s intestate succession statutes determine who inherits. The surviving spouse is first in line, followed by descendants, parents, and siblings. The exact distribution depends on whether the property is community or separate, and whether the deceased had children from outside the current marriage.

Do stepchildren inherit under Arizona intestacy laws?

Generally, no. Under Arizona law, stepchildren do not inherit through intestate succession unless they were legally adopted by the deceased. Only biological and legally adopted children qualify as heirs under the intestacy statutes.

Does a surviving spouse inherit everything in Arizona?

Not always. A surviving spouse inherits all community property and all separate property only if the deceased’s children are also children of the surviving spouse. If the deceased had children from a prior relationship, they receive half of the deceased’s separate property and the deceased’s share of community property.  The spouse receives their share of community property and half the deceased’s separate property.

What is partial intestacy?

Partial intestacy occurs when a will exists but does not dispose of all the deceased’s assets. The assets covered by the will pass according to its terms, while the remaining assets pass under Arizona’s intestacy statutes. This situation is more common than many people expect.