What Does “Intestate” Mean?

“Intestate” means dying without a legally valid will. In that case, the court follows Arizona’s statutory rules (intestate succession) to decide who inherits. These rules apply only to your probate estate—assets that must go through probate. Property with a named beneficiary, joint ownership, or held in a trust typically bypasses probate.

Which Assets Are Governed by Intestate Law

Not everything you own goes through probate or falls under intestate rules. Common non-probate assets include:

• Life insurance or annuities with named beneficiaries
• Retirement accounts or IRAs with valid beneficiaries
• Bank or brokerage accounts with pay-on-death (POD) or transfer-on-death (TOD) designations
• Real property held under a transfer-on-death deed
• Property held as joint tenancy or community property with right of survivorship
• Assets held in a trust

Only assets without these designations are subject to intestate probate distribution.

How Arizona Distributes Property When There’s No Will

Arizona’s intestacy rules (Title 14, Chapter 2 of the Arizona Revised Statutes) set a hierarchy based on who survives you.

With a Surviving Spouse (and possibly children)

• If there are no children or all children are by the surviving spouse: the spouse receives the entire intestate estate (A.R.S. § 14-2102).
• If there are children from another relationship: the spouse gets one-half of the separate property; the remainder and the decedent’s share of community property go to the children.

No Spouse

• Estate passes to children or descendants (“by representation”). (A.R.S. § 14-2103)
• If no descendants, then to parents, equally or to the surviving parent.
• If no parents, then to siblings or their descendants.
• If no eligible relatives, property “escheats” to the State of Arizona. (A.R.S. § 14-2105)

Additional rules apply:

• An heir must survive the decedent by 120 hours (5 days) to inherit (A.R.S. § 14-2104).
• Half-blood relatives inherit the same as full-blood relatives (A.R.S. § 14-2107).
• Children conceived before death but born afterward may inherit if they live at least 120 hours (A.R.S. § 14-2108).

Who Manages the Estate in Intestacy

Without a will, the court appoints a personal representative (administrator) according to statutory priority. The order typically is:

• Surviving spouse
• Children or other heirs
• Other relatives
• County public fiduciary if no family member qualifies

The representative gathers assets, pays debts and taxes, and distributes what remains. In Maricopa County, the probate court must formally appoint this person before distribution.

The Probate Process When There’s No Will

1. File a petition with the probate court in the county of residence.
2. The court appoints a personal representative.
3. Notice of the probate must be given to known and unknown creditors.
4. Inventory assets and identify debts.
5. Pay valid claims and taxes.
6. Distribute remaining assets per intestate rules.
7. File closing documents with the court.

Arizona allows informal or formal probate. Informal probate may be available if there are no disputes. Formal probate is required when the court must resolve issues. Some smaller estates may qualify for a small estate affidavit under current county thresholds.

Risks and Downsides of Intestacy

• Your property may pass to people you didn’t intend.
• A surviving spouse might receive less than expected if you have children from another relationship.
• Probate may take longer and cost more.
• During a probate proceeding your family affairs may become public and privacy may be lost.
• Charities, stepchildren, and friends won’t inherit automatically.
• The process can create confusion and conflict for loved ones.

What You Can Do Now (Preventive Steps)

• Create a valid will naming beneficiaries and an executor.
• Use a properly drafted trust to avoid probate.
• Set up beneficiary designations for accounts and insurance.
• Consider transfer-on-death deeds for real property.
• Use community property with right of survivorship where appropriate.
• Review your estate plan after major life events.

Common Mistakes

• Assuming all property follows a will when some assets have separate beneficiary designations.
• Forgetting to name alternate beneficiaries after major life events such as divorce.
• Failing to update old estate documents.
• Believing stepchildren inherit automatically (they do not unless adopted).
• Overlooking the 120-hour survival rule.

When to Talk to a Lawyer

Consider professional guidance if:

• You have a blended family or prior marriages.
• You own property in multiple states.
• You need to name guardians for minor children.
• You wish to protect assets from taxes or creditors.
• You face disputes among heirs.
• Your heirs do not make wise financial decisions.

Working with an experienced Arizona estate planning attorney ensures your plan fits your circumstances and complies with state law.

Key Takeaways

• Arizona law controls who inherits if you die without a will.
• Only probate assets follow intestate succession.
• Spouse and children’s shares depend on family structure.
• Probate requires a court-appointed personal representative.
• A valid estate plan prevents disputes and uncertainty.

FAQs

Does Arizona require a will to pass property?

No. But without one, your property may be distributed under intestate succession rather than your personal wishes.

Can a friend or charity inherit if there’s no will?

No. Only relatives defined in the intestacy statutes may inherit.

What if an heir dies shortly after me?

Arizona requires an heir to survive you by 120 hours (5 days) to inherit (A.R.S. § 14-2104).

Is an out-of-state will valid in Arizona?

Often yes, if valid where executed and meeting Arizona’s formal requirements. Still, a review by an Arizona estate planning attorney is wise as their may be tax advantages for certain property if planned for properly under Arizona law.