Arizona Intestate Succession Laws: Who Will Inherit Your Assets

If you live in Arizona and die without a will or a trust, you do not get a say in who inherits your property. Arizona law decides for you. Those rules are called the laws of intestate succession, and they follow a fixed family ladder that ignores your wishes, your relationships and your plans.

This page explains that ladder in plain English, step by step, with examples. In about ten minutes you will know who would inherit your assets today if you died without a will or a trust, and whether that is the result you want.

The Quick Answer: Who Inherits in Arizona If You Have No Will or Trust

Find the row that describes your family. Arizona works down this list from top to bottom and stops at the first row that fits. The rules are in A.R.S. §14-2102 and A.R.S. §14-2103.

To inherit, a relative must outlive you by at least 120 hours (five days). Under A.R.S. §14-2104, a relative who dies within 120 hours after you is treated as if he or she died before you.

Which of Your Assets Do These Rules Control?

Arizona's intestate succession rules only control assets that are in your name alone with no one named to receive them at your death. These assets usually must go through a court-supervised probate before anyone can inherit them.

Many assets pass to someone automatically and are not controlled by the intestate succession rules, even if you have no will. Examples:

• Life insurance, IRAs, 401(k)s and annuities that name a living beneficiary.
• Bank and brokerage accounts with a payable on death (POD) or transfer on death (TOD) beneficiary.
• Real estate and accounts owned as joint tenants with right of survivorship or as community property with right of survivorship.
• Arizona real estate covered by a recorded beneficiary deed.
• Assets owned by a revocable living trust, which pass to the heirs named in the trust agreement.

Everything else, such as a house in your name alone, a car, a bank account with no beneficiary, business interests and personal belongings, goes to the relatives on the Arizona ladder. Real estate you own in another state generally passes under that state's law, which usually means a second probate in that state.

Step 1: If You Are Married

The first question Arizona asks is whether you were married when you died. A former spouse you divorced is not a spouse and inherits nothing.

First, understand community property and separate property

Arizona is a community property state. Most property either spouse acquires during the marriage is community property, and each spouse owns one-half of it. Property you owned before the marriage, and gifts and inheritances you received during the marriage, are generally your separate property.

When a married person dies, only two things are passed on: the deceased spouse's separate property and the deceased spouse's one-half of the community property. The surviving spouse already owns the other half of the community property, so it is not part of the estate.

The three rules for married people

1. No descendants. If you have no children, grandchildren or other descendants, your spouse inherits all of your separate property and all of your half of the community property.
2. All of your descendants are also your spouse's descendants. Your spouse still inherits everything. Your children inherit nothing until your spouse dies, and then only if your spouse has not left the property to someone else.
3. At least one descendant is not your spouse's descendant. This is the blended family rule. Your spouse inherits only one-half of your separate property. Your descendants inherit the other half of your separate property and all of your one-half of the community property. Your spouse gets none of your half of the community property.

Step 2: If You Are Not Married and Have Children

If you are not married when you die, or the surviving spouse rule leaves property for your descendants, that property goes to your descendants. Arizona divides it using a method called per capita at each generation, explained in A.R.S. §14-2106.

Here is how it works in plain English:

1. Start with your children's generation. Count your children who are still alive plus your children who died before you but left descendants. That number is the number of equal shares.
2. Each living child receives one share.
3. The shares of the children who died before you are pooled together and divided equally among all of the grandchildren in that next generation who came from those deceased children.
4. A child who died before you and left no descendants is not counted.

The examples below show the rule in action. Dave is not married and has three children: Craig, Cindy and Casey.

Notice the third example. Mindy is Cindy's only child, yet she receives the same 1/6 as each of her cousins rather than all of Cindy's 1/3. That surprises many families, and only a will or a trust can change it.

Step 3: No Children? Your Parents Inherit

If you have no surviving spouse and no surviving descendants, your property goes to your parents. If both parents are alive, each receives one-half. If only one parent is alive, that parent receives everything.

This often surprises single adults and young married couples who assume a brother, sister or partner would inherit. It also means property can go to a parent who played little role in your life.

Step 4: No Children or Parents? Your Brothers and Sisters

If you have no surviving spouse, descendants or parents, your property goes to your parents' descendants, meaning your brothers and sisters, using the same per capita at each generation method. Half-brothers and half-sisters inherit the same share as full siblings under A.R.S. §14-2107.

Step 5: Grandparents, Aunts, Uncles and Cousins

If you have no surviving spouse, descendants, parents, or descendants of your parents, Arizona moves up to your grandparents under A.R.S. §14-2103. Your estate is split in half:

• One-half goes to your father's side: to your paternal grandparents equally if both are alive, to the surviving paternal grandparent if only one is alive, or, if both are deceased, to their descendants (your aunts, uncles and cousins on that side) by representation.
• The other half goes to your mother's side in the same way.
• If one side has no living grandparent and no descendants of a grandparent, the entire estate goes to the other side.

Step 6: The State of Arizona

If no one qualifies under any of the steps above, your property goes to the State of Arizona under A.R.S. §14-2105. This is rare, but it happens most often to people with small families who never made a plan.

People Who Get Nothing Under Arizona Law

The intestate succession ladder leaves out many of the people who matter most. If you die without a will or a trust, none of these people inherit anything:

• Stepchildren, even if you raised them as your own.
• An unmarried partner, no matter how long you lived together.
• Friends, caregivers and godchildren.
• Your church or favorite charity.
• In-laws, including the spouse of a child who died before you.

The only way to leave property to any of these people is with a will, a trust or a beneficiary designation.

Why Blended Families Are Most at Risk

Many people believe they do not need an estate plan because everything will automatically go to their spouse and then to their children. That is true only for some families. Divorce and remarriage are common, and many married couples have children from a prior relationship. For these blended families, Arizona's default rules can produce results nobody intended:

• A surviving spouse can end up co-owning the family home with stepchildren, which can force a sale.
• Most of the estate can go directly to the children of a prior relationship, leaving the surviving spouse with far less than expected.
• Stepchildren you raised inherit nothing from you.

If You Have Minor Children

Intestate succession does not name anyone to raise your minor children. Without a will, a court decides who becomes their guardian. A will is where a parent names a guardian for minor children under A.R.S. §14-5202.

Children under 18 also cannot manage inherited property themselves. Without a plan, a court may have to appoint a conservator and supervise the money until each child turns 18, and then the child receives the money outright. With a trust, you choose who manages the money and the age or ages at which each child receives it.

How a Will or a Trust Fixes the Problem

A will or a trust replaces Arizona's default ladder with your own instructions. With a will or a trust, you decide:

• Who inherits your property, and how much each person receives.
• Whether a spouse, partner, stepchild, friend or charity is included.
• Who handles your estate after your death, instead of leaving that choice to the court.
• Who raises your minor children and who manages their money.

There is an important difference between the two. A will does not avoid probate. A will tells the probate court what to do, but your family still has to go through the court process to carry out the will. A revocable living trust lets the assets owned by the trust pass to your heirs named in the trust agreement without Superior Court probate. That is why a revocable living trust is the cornerstone of every estate plan we prepare.

To learn more, see our article 15 Benefits of Having an Estate Plan with a Revocable Living Trust.

Frequently Asked Questions

If I die without a will in Arizona, does my spouse automatically get everything?

Only if you have no descendants, or if all of your descendants are also your spouse's descendants. If you have a child from another relationship, your spouse receives only one-half of your separate property and none of your one-half of the community property. Your descendants receive the rest.

Do stepchildren inherit in Arizona if there is no will?

No. Arizona's intestate succession law does not give stepchildren anything. If you want a stepchild to inherit, you must name the stepchild in a will, a trust or a beneficiary designation.

Does an unmarried partner inherit if there is no will?

No. An unmarried partner is not an heir under Arizona law, no matter how long the two of you lived together. Your partner inherits only the assets you leave to your partner in a will, a trust, a beneficiary designation or a joint account with right of survivorship.

Do half-brothers and half-sisters inherit?

Yes. In Arizona, relatives of the half blood inherit the same share they would inherit if they were relatives of the whole blood.

What happens if an heir dies shortly after I do?

An heir must outlive you by at least 120 hours to inherit. If the heir dies within 120 hours after your death, Arizona treats the heir as if he or she died before you, and your property passes to the next person in line.

Who handles my estate if I die without a will?

The court appoints a personal representative, usually a surviving spouse or another heir, under Arizona's priority rules. With a will or a trust, you choose that person yourself.

Does having a will avoid probate in Arizona?

No. A will must be probated in court before it can be carried out. Assets owned by a revocable living trust pass to the heirs named in the trust agreement without Superior Court probate.

How can I quickly find out who would inherit my property?

Take our free online Who Inherits Your Property quiz. It walks you through Arizona's rules based on your own family.

Our Estate Plan with a Revocable Living Trust

If the wrong people would inherit your assets, or the right people would inherit in the wrong amounts, we can fix it. Our custom Arizona estate plan with a revocable living trust includes 36 documents and services. The trust provides that the assets in your trust pass automatically at your death (or at the death of both spouses if you are married) to the heirs you name in the trust agreement.

People who bought our Gold LLC formation package within four months of the date they paid for their estate plan get a $1,000 discount.

The optional asset-protected trusts protect each heir's inheritance for life from the heir's creditors, ex-spouses and bankruptcy courts. Each heir's trust is also a dynasty trust that creates a trust for the heir's children when the heir dies. See A Smart Option for Transferring Wealth Through Generations: The Dynasty Trust.

Book a Free Estate Plan Consultation

The first step to make sure your assets go to the people you choose is a free, no-obligation office, phone or Zoom video consultation with one of our estate planning attorneys. We will answer your questions and design your estate plan. Make a free appointment with:

• Richard Keyt (Rick, the father): text or call 24/7 at 480-664-7478, email rk@keytlaw.com, or use his online calendar. See Rick's virtual business card.
• Richard C. Keyt (Ricky, the son, an attorney and former CPA): text or call 480-664-7472 or use his online calendar.

How to hire us

1. Review the 36 documents and services in our estate plan with a revocable living trust.
2. Book a free office, phone or Zoom video consultation.
3. Complete and submit our Estate Plan Questionnaire. When you submit it, our system emails a copy of your answers to you and to us.
4. Attend your free consultation.
5. Sign your estate plan documents at our office before two witnesses and a notary, usually about one week after your consultation.

The total time from start to signed documents is one to two weeks.

Book Your Free Estate Plan Consultation

This page provides general information about Arizona law and is not legal advice for your specific situation. Reading it does not create an attorney-client relationship. Copyright 2026 KEYTLaw, LLC.