What Happens If You Die Without a Will in Arizona?
Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.
Frequently Asked Questions
Arizona intestacy laws determine who inherits when there is no will.A.R.S. § 14-2102Verified May 31, 2026 As a community property state, Arizona distinguishes between community property (acquired during marriage) and separate property (owned before marriage or received as a gift or inheritance). The surviving spouse's share differs for each type. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.
The surviving spouse's share in Arizona depends on family structure.A.R.S. § 14-2102Verified May 31, 2026 With no children: All community property plus all separate property. With shared children: Entire intestate estate (both community and separate property). When children from a prior relationship survive: One-half of separate property only. No share of decedent's community property (spouse already owns their half)..
Arizona uses the "per capita at each generation" distribution method.A.R.S. § 14-2106Verified May 31, 2026 Under this method, surviving descendants at each generational level share equally, with deceased members' shares pooled and redistributed at the next level. Per capita at each generation
Arizona requires an heir to survive the decedent by 120 hours to inherit.A.R.S. § 14-2102Verified May 31, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.
Under Arizona intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.A.R.S. § 14-2102Verified May 31, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Arizona will signing requirements page outlines what is needed to execute a valid will.
Probate costs in Arizona depend on estate size and complexity. Estates valued at $200,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Arizona probate cost calculator for a detailed estimate.
Arizona is a community property state, meaning most assets acquired during marriage are jointly owned.A.R.S. § 14-2102Verified May 31, 2026 When one spouse dies without a will, the surviving spouse's share of community property and separate property are calculated under different rules. Community property with shared children: Entire intestate estate (both community and separate property). Separate property follows a different distribution depending on surviving relatives.
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Arizona Estate Planning Resources
In-depth guides covering Arizona probate laws, trust requirements, and estate planning strategies.
