Intestate Succession

What does intestate mean?

Intestate means dying without a valid will. If a person dies intestate, their property is disposed of according to Arizona's rules of intestate succession. Also, if a person does not dispose of all her property by will, the part of a decedent's estate not effectively disposed of by will passes by intestate succession.

In general, the rules give the deceased's property to his or her spouse and closest relatives. A decedent by will may expressly exclude or limit the right of a person or class to succeed to property of the decedent that passes by intestate succession.

What are Arizona's rules of intestate succession?

If the deceased was married at death and has no living descendents ("descendents" means all of the decedent's descendants of all generations, with the relationship of parent and child at each generation): all of the deceased's (see Arizona's community property laws and distribution of property at death) separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse.

If the deceased was married at death and has surviving descendents, all of whom are descendents of the surviving spouse: all of the deceased's (see Arizona's community property laws and distribution of property at death) separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse.

If the deceased was married at death and has surviving descendents, one or more of whom are not descendents of the surviving spouse: one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.

 

 


The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse:

1. If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate.

2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.

 

 

 

 

 

 

 

 

 

 

 

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