Arizona intestate-succession calculator
Die without a will in Arizona? Here’s what happens.
Three to five questions. About thirty seconds. We’ll show you exactly how Arizona law would distribute your estate if you died today without one.
- ~30 seconds
- No email required
- Arizona law (A.R.S. § 14-2102 to 14-2103)
Arizona intestate succession
Question 1 of 1
Are you currently married?
Includes legal marriage. If you're divorced or widowed, answer no.
The short version
Arizona has a default plan. It probably isn’t yours.
When someone in Arizona dies without a valid will, the state has a built-in rule: the intestate-succession statute. It works through a fixed order. Surviving spouse first. Then children and grandchildren. Then parents. Then siblings and their descendants. Then grandparents. Then aunts, uncles, cousins.
The default has some surprises. An unmarried partner inherits nothing, no matter how long you’ve been together. Stepchildren you didn’t legally adopt inherit nothing. Friends inherit nothing. Charities you cared about inherit nothing.
And if your family situation is at all complicated (children from a prior relationship, a recent marriage, separate property), the statute splits things in ways that often surprise the surviving family.
A will or trust costs a few hundred dollars and lets you decide instead.
Common questions
About dying without a will in Arizona.
Does Arizona have a default rule for who inherits if I die without a will?
Yes. Arizona has an intestate-succession statute (A.R.S. § 14-2101 through § 14-2114) that decides who inherits when someone dies without a valid will. It tries to approximate what most people would have done, but it doesn't know your specific wishes. The surviving spouse and biological/adopted children are first in line, then parents, then siblings, then more distant relatives. If no relatives can be found, your estate goes to the State of Arizona.
Does it matter if I'm married vs. unmarried at the time of my death?
Hugely. If you're married with no children outside the marriage, your surviving spouse usually inherits everything. If you have children from a prior relationship, your spouse keeps all the community property but only half of your separate property; the other half splits among your children. If you're not married, the order shifts to children, then parents, then siblings.
What is "per stirpes" distribution?
Per stirpes is the default Arizona rule for distributing among descendants. It means "by the roots". If a child predeceased you, that child's share doesn't disappear; it passes to their descendants (your grandchildren). So if you had three children but one died leaving two kids, the share would be split: one-third to each surviving child, and one-sixth to each grandchild from the deceased child.
Do unmarried partners inherit anything under Arizona intestate law?
No. Arizona does not recognize common-law marriage, and intestate-succession law does not grant rights to unmarried partners regardless of how long you've been together. If you want your unmarried partner to inherit, you need a will or a trust naming them.
What about my stepchildren?
If you didn't legally adopt your stepchildren, they don't inherit under Arizona intestate law. They are not your "descendants" for inheritance purposes. To include stepchildren, you'd need a will or trust naming them specifically.
Is there any way to avoid probate even without a will?
Sometimes. Assets that pass by beneficiary designation (retirement accounts, life insurance) or by survivorship (jointly-titled bank accounts, real estate with right of survivorship) skip probate even if you die intestate. But anything else (your home if titled solely in your name, your personal property, individual bank accounts) goes through probate court regardless.
Decide for yourself, not the state.
A basic will starts at $500. A trust starts at $1,200. Free 30-minute consultation, flat fees, all online.