Want to decide who inherits instead of the state? A free role check shows you where you stand.
Start the free role checkWhat “intestate” means
Dying “intestate” means dying without a valid will. Arizona's intestacy statutes (A.R.S. § 14-2102, A.R.S. § 14-2103) then set a fixed order of who inherits your probate assets — regardless of what you would have wanted — dividing a share among descendants by representation, per capita at each generation (A.R.S. § 14-2106), with the surviving spouse's own half of the community property the spouse's already and the homestead allowance coming first (A.R.S. § 14-2402). Assets that pass outside probate (a funded Trust, beneficiary designations, a beneficiary deed, property held with right of survivorship) follow their own rules, not intestacy.
Who inherits under Arizona law
- Spouse, no descendants — the surviving spouse inherits the entire intestate estate (A.R.S. § 14-2102).
- Spouse and descendants — the surviving spouse takes the whole estate where every surviving issue is also the spouse's; where a surviving issue is not the spouse's, the spouse takes one-half of the separate property and none of the decedent's half of the community property (A.R.S. § 14-2102).
- Descendants, no spouse — the entire estate to the decedent's descendants by representation; with neither, to the parents equally or the survivor, then the parents' descendants, then the grandparents' lines (A.R.S. § 14-2103).
- No surviving spouse — assets pass to descendants, then to parents, then to siblings, and outward along the family tree (A.R.S. § 14-2103).
The spouse's share, community property and minor children
In Arizona, when there is no will, a surviving spouse takes the whole intestate estate where every surviving issue is also the spouse's or there is none; where a surviving issue is not the spouse's, the spouse takes one-half of the separate property and none of the decedent's half of the community property (A.R.S. § 14-2102), and the spouse's homestead allowance of $18,000 comes before claims (A.R.S. § 14-2402). And intestacy never lets you name a guardian for minor children or set conditions on what they receive. These are exactly the gaps a plan closes.
Does the state take everything?
Almost never. Property only “escheats” to the State of Arizona as a last resort when no heirs at all can be found — which is rare. The real cost of dying intestate isn't the state taking your assets; it's losing control over who receives them, who raises your minor children, and how much delay and conflict your family faces.
Take back the decision
Intestacy is the plan the state writes when you don't write your own — and it rarely matches what people actually want. This page is general information, not legal advice. A free role check can show you where you stand, and a Arizona attorney can help you put a plan in place.
General information about Arizona law, not legal advice.
Frequently asked questions
- Who inherits in Arizona without a will?
- The surviving spouse takes the whole intestate estate where there is no surviving issue or every surviving issue is also the spouse's; where one or more surviving issue are not the spouse's, the spouse takes one-half of the separate property and none of the decedent's half of the community property (A.R.S. § 14-2102). The rest passes to the descendants by representation, then to the parents, the parents' descendants and the grandparents' lines (§ 14-2103), divided per capita at each generation (§ 14-2106).
- How much does an Arizona surviving spouse inherit without a will?
- All of it where every surviving issue is also the spouse's or there is none; one-half of the intestate separate property where a surviving issue is not the spouse's (A.R.S. § 14-2102); the surviving spouse's own half of the community property is the spouse's already, and the homestead allowance of $18,000 comes before claims (§ 14-2402).
General information about Arizona law, not legal advice.