What Happens to Your Estate if You Die Without a Will in Arizona?

Estate planning is a critical aspect of ensuring that your assets and wishes are protected and carried out after your death. A will is a crucial document that allows you to specify how you want your estate to be distributed and managed. However, not everyone takes the time to create a will, and in some cases, individuals pass away without a will in place. If you die without a will in Arizona, the state’s intestate succession laws will dictate how your estate is distributed, which may not align with your wishes or the best interests of your loved ones. In this article, we will explore what happens to your estate if you die without a will in Arizona.

Intestate Succession Laws in Arizona

When someone dies without a will, they are said to have died “intestate.” In Arizona, intestate succession laws, as outlined in the Arizona Revised Statutes, determine how the estate of an individual who dies intestate will be distributed. These laws specify who will inherit the deceased person’s property, and in what proportion. The distribution of assets under intestate succession laws in Arizona is based on the legal relationship between the deceased person and their surviving relatives.

Surviving Spouse

If you are married and die without a will in Arizona, your surviving spouse is entitled to a portion of your estate. The amount your spouse is entitled to depend on whether you have any surviving descendants, such as children, grandchildren, or great-grandchildren. If you have no surviving descendants, your spouse is entitled to your entire estate. However, if you have surviving descendants, the share of your estate that your spouse will receive depends on various factors, including the number of surviving descendants and whether the surviving spouse is the parent of all of the surviving descendants.

If you have one surviving descendant who is also the descendant of your surviving spouse, your spouse is entitled to half of your estate, and the remaining half goes to your surviving descendant. If you have more than one surviving descendant, and at least one of them is not a descendant of your surviving spouse, your spouse is entitled to one-third of your estate, and the remaining two-thirds is divided equally among your surviving descendants.

Children and Descendants

If you die without a will in Arizona and have children or other descendants who survive you, they are entitled to a portion of your estate. If you have no surviving spouse, your children or descendants inherit your entire estate. If you have a surviving spouse, as mentioned earlier, the distribution depends on various factors, including the number of surviving descendants and whether the surviving spouse is the parent of all of the surviving descendants.

If you have no surviving spouse, and your children or descendants survive you, they will inherit your estate in equal shares. However, if any of your children or descendants predecease you, their share will be divided among their descendants, referred to as “per stirpes” distribution.

Parents and Siblings

If you die without a will in Arizona and have no surviving spouse, children, or descendants, your estate may pass to your parents or siblings. If you have surviving parents but no children or descendants, your parents will inherit your entire estate in equal shares. If you have no surviving parents, but you have siblings, your siblings will inherit your estate in equal shares. However, if any of your siblings predecease you, their share will be divided among their descendants, also referred to as “per stirpes” distribution.

Relatives Further Removed

If you die without a will in Arizona and have no surviving spouse, children, descendants, parents, or siblings, your estate may pass to more distant relatives. The law provides for a detailed order of inheritance, which includes grandparents, aunts, uncles, cousins, and other relatives. The share of the estate that each relative is entitled to depend on their degree of relationship with you and whether they are still living at the time of your death.

If no living relatives can be identified, your estate will pass to the state. In this situation, any assets in your estate will become part of the Arizona Unclaimed Property Fund.

These are the general rules for intestate succession in Arizona. However, the specifics of your situation may vary depending on numerous factors and nuances of the law. If you have questions about who is entitled to receive a portion of your estate under Arizona’s intestate succession laws, it’s best to speak with an experienced attorney. An attorney can review the details of your situation and provide you with information and guidance on how to proceed.

Other Rules Affecting Arizona Intestate Inheritance

Arizona law also includes provisions related to “half-bloods” and after-born heirs in intestate succession. A “half-blood” refers to a person who shares only one parent with another person. However, under Arizona law, half-bloods are treated the same as if they were of whole blood when it comes to inheriting from an intestate estate. This means that if the decedent has no spouse or children, and the estate passes to siblings, even those who share only one parent with the decedent will still inherit.

In addition, certain after-born heirs are considered as living under Arizona law. For example, a child who is in gestation at a particular time is treated as living at that time if the child survives for at least 120 hours after birth. This means that if a father passes away while the mother is pregnant, and the child survives the father by 120 hours, the child is considered to have been living at the time of the father’s death and is entitled to a share of the intestate estate.

Thus, if you die without a will in Arizona, it is important to understand the state’s laws of intestate succession. This will help ensure that your estate is distributed according to your wishes, or at least by the law if you don’t have a will. In any case, it is important to speak with an attorney to understand the specifics of your situation and evaluate your options. 

Our Expert’s Take On This

Understanding what happens to your estate if you die without a will in Arizona is important. It’s hard to plan for the unpredictable and death won’t wait until you have everything ready and properly documented. As such, it is advisable to consider drafting a will while still alive to eliminate any doubt when crafting your loved one’s inheritance. Intestate succession laws in Arizona determine who gets what when someone dies, as well as whether or not probate is necessary. Surviving spouses get the right to elect against the intestate succession laws, however, children and descendants are typically first in line after that. Secondly, parents and siblings of the decedent then receive a distribution, followed by other relatives further removed if any exist. In many cases, rules regarding additional factors such as adoption status must be applied too. 

Here’s our expert’s take on this: Nowadays more than ever it is absolutely important for individuals in Arizona to ensure their loved one’s future should something happen to them suddenly by obtaining an attorney make sure their wishes are carried out even upon death.

Are You Looking for an Estate Planning Attorney You Can Trust?

Are you looking for a team of attorneys passionate about providing peace of mind for families? Look no further than GillespieShields. While we excel in various legal fields, Estate Planning is our bread and butter. We believe that every family deserves to have their affairs in order and their wishes carried out regardless of their circumstances. That’s why we fight tirelessly to ensure your estate plan is comprehensive and customized to your needs.

From navigating complex probate cases to determining custody arrangements for your children, our experienced attorneys are here to guide you every step of the way. We understand that the legal process can be overwhelming and confusing, so we offer private, one-on-one consultations to answer your questions and address any concerns you may have.

So, if you’re ready to secure your family’s future and gain peace of mind, contact us today to schedule your consultation with Arizona’s premier Estate Planning Attorneys at GillespieShields.

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