Arizona Small Estate Affidavit

Arizona Intestate Succession — Best Essential Guide (2026)

By Oleg Kachko · Updated June 12, 2026

✓ Verified June 2026

This guide explains what happens when someone dies dying without a will in Arizona — exactly who inherits under Arizona’s intestate-succession law, and what surprises families most. All shares are from Arizona statute, verified as of June 2026.

Who Inherits When There Is No Will in Arizona

Here is exactly how Arizona divides an estate when there is no will:

If the person leaves… Who inherits in Arizona
Spouse, no children The surviving spouse inherits the entire intestate estate — both the decedent’s separate property and the decedent’s half of community property. (The surviving spouse already owns their own half of community property outright; that half is never part of the decedent’s estate.) ARS 14-2102.
Spouse + shared children The surviving spouse inherits the entire intestate estate (all separate property and the decedent’s half of community property). The children receive nothing through intestacy because the spouse takes everything. ARS 14-2102. This applies when ALL surviving descendants are also descendants of the surviving spouse.
Spouse + children from another relationship The surviving spouse receives one-half of the decedent’s separate property and NONE of the decedent’s half of community property. The decedent’s descendants receive the other half of the separate property plus ALL of the decedent’s half of community property. ARS 14-2102. This applies when one or more surviving descendants are NOT descendants of the surviving spouse (blended-family scenario). Note: the surviving spouse still keeps their own half of community property outright, as that half was never part of the decedent’s estate.
Children, no spouse The children (descendants) inherit the entire intestate estate equally, distributed by representation (per capita at each generation). ARS 14-2103(1).
No spouse, no children The estate passes in this order under ARS 14-2103: (1) to the decedent’s parents equally, or to the surviving parent if only one survives; (2) if no parents survive, to descendants of the decedent’s parents (siblings, nieces, nephews) by representation; (3) if none, half to paternal grandparents (or their descendants) and half to maternal grandparents (or their descendants) — if one side has no surviving grandparent or descendant of a grandparent, the entire share passes to the other side.
No living relatives (escheat) Under ARS 14-2105, the estate escheats (passes) to the state of Arizona only if no one qualifies to inherit under the intestate succession rules — meaning no surviving spouse, descendants, parents, siblings, nieces, nephews, grandparents, aunts, uncles, or first cousins. This is rare because Arizona’s statute reaches out to grandparents and their descendants before escheat applies.

These shares come from Arizona intestate-succession law (ARS 14-2102 (surviving spouse share), ARS 14-2103 (share of heirs other than surviving spouse), ARS 14-2104 (120-hour survival requirement), ARS 14-2105 (escheat), ARS 14-2106 (representation), ARS 14-2107 (half-blood relatives)).

How Arizona divides shares among descendants: Arizona uses per capita at each generation (also called “by representation”) under ARS 14-2106, NOT traditional per stirpes. Shares are divided at the nearest generation with at least one living descendant, and any remaining shares from deceased members at that level are pooled and redistributed equally among the next generation’s survivors.

Arizona homestead and family allowance: Arizona provides three statutory allowances that have priority over all claims except administration expenses: (1) Homestead allowance (ARS 14-2402): 18000 for the surviving spouse, or 18000 divided among minor/dependent children if no spouse survives; (2) Exempt property (ARS 14-2403): up to 7000 in household furniture, automobiles, furnishings, appliances, and personal effects for the surviving spouse (or minor/dependent children if no spouse);

(3) Family allowance (ARS 14-2404): a reasonable allowance for maintenance during estate administration for the surviving spouse, minor children the decedent was obligated to support, and children actually being supported — the statute does not set a fixed dollar cap but the allowance may not continue for longer than one year if the estate is inadequate to pay allowed claims.

Each of these allowances is in addition to any share passing by intestate succession, will, or elective share, unless the will provides otherwise.

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Half-blood relatives in Arizona: Under ARS 14-2107, relatives of the half blood inherit the same share they would inherit if they were of the whole blood. Half-siblings and other half-blood relatives are treated identically to whole-blood relatives with no reduction.

Assets That Pass Outside Arizona Intestate Rules

Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), property held in joint tenancy with right of survivorship, assets in a living trust, and community property with right of survivorship all pass outside of Arizona’s intestate succession rules and are not governed by ARS 14-2102 through 14-2107.

Other Arizona intestacy rules: (1) Arizona is a COMMUNITY PROPERTY state — the surviving spouse already owns their own half of community property outright, so only the decedent’s half is subject to intestacy. (2) 120-hour survival rule (ARS 14-2104): an individual must survive the decedent by at least 120 hours (5 days) to inherit; survival must be established by clear and convincing evidence.

Exception: this rule does not apply if it would cause the estate to escheat to the state. (3) In blended families, the community property vs. separate property distinction is critical — the surviving spouse receives NONE of the decedent’s community property share when the decedent has children from another relationship, but still receives half of separate property. (4) Arizona adopted Article II of the Uniform Probate Code with modifications.

What Dying Without a Will in Arizona Really Means

When someone dies without a will in Arizona, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Arizona divides an estate when someone is dying without a will in Arizona, and they often surprise people: a spouse may not automatically inherit everything.

Understanding dying without a will in Arizona helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Arizona depends on how each asset was titled.

You don’t have to do this alone

If you are settling a loved one’s estate in Arizona, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

Official Arizona Sources & Resources

This Arizona intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Arizona Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.