Arizona Inheritance Laws

Arizona Inheritance Laws
You can read more about what makes a valid Will here.
A probate is required if the value of the deceased’s personal property, less liens and encumbrances, is worth more than $75,000. Similarly, if the value of the real property, less liens and encumbrances, is worth more $100,000 then a probate is needed.

Arizona Inheritance Laws Without a Will (and deceased person was married)

If a person dies without a valid will (see above for what makes a will valid), that means they died “intestate.” The court will appoint an executor to administer the estate and pay the estate’s debts and expenses. The court will also divide the estate’s assets according to Arizona inheritance laws.

Person dies with only a spouse and no children.

If a person was married when he or she dies, and that person has no children, then the spouse gets everything. See A.R.S. Section 14-2102.

Person dies with a spouse and children from prior relationship.

When someone dies leaving a spouse and children from a prior relationship, the property gets split. Basically, the surviving spouse gets their one half of the community property. The other half of community property goes to the stepchildren. The separate property gets split 50-50.

Person dies without a spouse, but with children.

If your spouse is not alive, your estate will pass to your children in equal shares. You should consult an attorney to determine exactly how your estate will be divided if you do not have a will.

If the deceased person has a child who has already died, and that child had children, then grandchildren take a share. 

Yes this is confusing. If you have a question, just call us at 602-443-4888.

Person dies without a spouse or children.

In this case, the estate property will be distributed according to Arizona’s applicable intestate succession laws.

Click here to view a “Table of Arizona Heirship.”

Sometimes, relatives cannot be located or traced. In this case, assets of the estate that cannot be distributed are deposited with the county treasurer until claimed.

What Is Probate?


Figuring out who counts as a descendant and understanding Arizona next-of-kin laws can get confusing. If you have questions about whether you are an eligible heir to an estate, it’s best to get advice from a knowledgeable lawyer.

What To Do If You Need Help

Arizona inheritance laws are full of caveats and exceptions. Knowing how to settle an estate and ensure that assets and property get distributed properly is no easy task. Let a skilled estate planning lawyer from Sudden Wealth Protection Law, PLC help. We can help you understand your rights to property under the state’s inheritance laws. In that way, you can make sure that your loved one’s wishes are carried out properly.

For specific advice about your case, give us a call at 602-443-4888. Or fill out our convenient contact form.


Founding attorney Paul Deloughery has been an attorney since 1998, became a Certified Family Wealth Advisor. He is also the founder of Sudden Wealth Protection Law.



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