What Happens When Someone Dies in Arizona Without a Will?

Losing a loved one is difficult enough, and it can be even more challenging when they pass away without a will. In legal terms, this is called “dying intestate,” meaning the person left no formal instructions regarding the distribution of their property and assets. If your loved one passed away in Arizona and did not have a will, you may wonder what the next steps are, especially if you’re a potential heir. Below, Perez Law Group, PLLC explains what you need to know, including and how our experienced Glendale probate lawyers can help.

Who Inherits Under Arizona’s Intestate Succession Laws?

In Arizona, when someone passes away without a will, their assets are distributed according to intestate succession laws under Arizona Revised Statutes (ARS) Title 14. Here’s how it generally works:

1. Surviving Spouse: If there are no children from another relationship, the spouse will typically inherit everything if all children are from that marriage. If there are children from a different relationship, the spouse receives half of the separate property (anything owned only by the person who died, not shared with the spouse), and the children get the other half. The spouse doesn’t get any part of the deceased’s half of community property (property acquired during the marriage and jointly owned).
2. Children: If there’s no spouse, everything goes to the decedent’s children (and grandchildren, if any). If there’s a spouse and children from a previous relationship, the spouse gets half of the separate property, and the children inherit the remaining assets.
3. Parents: If there’s no spouse or children, the estate goes to the decedent’s parents, who split it equally if both are alive.
4. Siblings: If there are no spouse, children, or parents, the estate goes to siblings or, if they’re deceased, to their descendants (the nieces and nephews of the person who died).
5. Extended Family: If there are no immediate family members, the estate can go to more distant relatives, such as nieces, nephews, aunts, uncles, or cousins. If no relatives qualify, the estate goes to the State of Arizona.

Special Situations in Arizona’s Intestate Laws

• Half-Siblings Inherit the Same: Relatives who share only one parent with the deceased (half-siblings) inherit the same share they would if they shared both parents (ARS § 14-2107).
• Heir Must Survive the Deceased by 120 Hours: A person must outlive the deceased by five days (120 hours) to inherit. If it’s unclear if they survived that long, the law assumes they didn’t (ARS § 14-2104).
• Lifetime Gifts (Advancements): If the person who passed gave a gift during their lifetime and noted that it was “an advancement” (or the heir agreed in writing), that gift counts toward their share of the inheritance (ARS § 14-2109).
• Debts Owed to the Deceased: If someone owed the deceased money, it only reduces their inheritance if they survive the deceased. If not, it’s disregarded in the division (ARS § 14-2110).
• Adopted Children and Parent-Child Relationships: Adopted children are legally treated the same as biological children, meaning they inherit from their adoptive parents, not their biological parents. If a spouse of a biological parent adopts the child, that child can still inherit from both biological parents (ARS § 14-2114).

What’s the Probate Process if There’s No Will?

Probate is a court process for sorting out the estate of someone who has passed. In Arizona, if there’s no will, probate makes sure the estate goes to the right heirs under the law. Here are the steps:

1. Check if Probate Is Needed: Not all assets need to go through probate. Things like life insurance, property held jointly, and retirement accounts with beneficiaries usually skip this process.
2. File a Petition: An interested person (usually a family member) files paperwork with the probate court to open the estate in the county where the deceased lived.
3. Appoint a Personal Representative: The court appoints a representative (executor) to handle the estate. This is usually the spouse or a close family member. The PR is responsible for handling estate-related tasks and typically hires a probate lawyer for help with the process.
4. Gather and Inventory Assets: The representative lists everything the deceased owned, including the value of their estate, and takes note of any debts owed.
5. Pay Debts and Taxes: The representative uses estate funds to pay bills, taxes, and any valid claims by creditors before distributing the remaining assets.
6. Distribute Remaining Assets: After all debts are paid, the representative distributes the estate according to Arizona’s intestate succession rules.

Why Hiring a Probate Lawyer Is Recommended in Arizona

Arizona does not legally require individuals to hire a probate lawyer, even if the deceased did not have a will. However, because probate involves complex legal procedures, asset appraisal, and adherence to strict timelines, many people find it beneficial to work with a lawyer.

A probate lawyer can:

• Assist with paperwork and filing: From the initial petition to the final asset distribution, probate includes numerous forms and legal documents. A probate lawyer can ensure that all paperwork is accurate and submitted on time.
• Help navigate complex family dynamics: Family conflicts often arise during probate, particularly when large estates are involved or multiple heirs have claims. A lawyer can help mediate disputes and find a solution that aligns with Arizona law.
• Ensure compliance with legal requirements: Arizona’s probate laws, particularly regarding intestate succession, can be nuanced. A lawyer can guide you through these laws, ensuring the estate is administered lawfully.
• Simplify the distribution process: Arizona’s intestate laws require specific distributions, which can be difficult to manage without legal guidance, particularly for large or complicated estates.

Frequently Asked Questions

Q: How long does probate take in Arizona?

Probate in Arizona typically takes between six months and a year, but it can vary depending on the complexity of the estate, the number of heirs, and whether disputes arise. Working with a probate attorney can streamline the process.

Q: Can I avoid probate in Arizona if my loved one passed without a will?

Probate is generally required if the estate includes assets over a certain value. However, assets like life insurance policies or jointly held property may bypass probate. A probate lawyer can review your specific situation and advise you accordingly.

Q: Can creditors make claims on an estate without a will?

Yes, creditors can make claims on an estate, and it’s the personal representative’s duty to pay valid debts from the estate assets before distribution to heirs.

Q: How is community property treated in Arizona probate?

If the decedent was married, community property will be considered part of the estate and may affect distribution. Arizona law entitles the surviving spouse to their portion of community property, while the deceased’s portion may be distributed according to intestate succession laws.

Glendale Arizona Probate Lawyer

If you’ve lost a loved one in Glendale and find yourself facing probate without a will, the process can feel like a nightmare. Arizona’s probate laws are complex, and intestate succession can involve complicated decisions, especially if there are significant assets or debts. A Glendale probate lawyer can help simplify this process, assist in properly distributing assets, and work toward fulfilling your legal obligations.

At Perez Law Group, PLLC, we understand the unique challenges that come with managing a loved one’s estate without a will. Our team is dedicated to guiding you through the probate process with care, knowledge, and professionalism. For trusted assistance with probate and estate administration, contact Perez Law Group, PLLC by calling (602) 730-7100 or contacting us online for a consultation.