Detailed answer — how succession among children works under Arizona law

If a person dies without a valid will (intestate) in Arizona, the state’s probate laws direct who inherits the estate. The primary rule is that the decedent’s surviving descendants (children and their own descendants) take the decedent’s share of the estate. Arizona law treats descendants as a class and uses representation so that the descendants of a predeceased child can step into that child’s share.

Key points you need to know:

• Equal shares for surviving children: If the decedent is survived by two or more children and no surviving spouse or other higher-priority relatives claim a share, the estate is divided equally among the surviving children.
• Representation for descendants of a deceased child: If one child dies before the decedent but leaves children (the decedent’s grandchildren), those grandchildren inherit their deceased parent’s share by right of representation. Practically, the deceased child’s share is divided equally among that child’s surviving descendants.
• If all children are deceased but there are grandchildren (or great-grandchildren, etc.), the estate passes to the descendants by representation in the generational order (the family line takes the share that their parent would have received).
• Adopted children generally inherit like biological children under Arizona law. Stepchildren typically do not inherit unless they were legally adopted or otherwise treated as descendants under the law.
• Other relatives and a surviving spouse can affect what children receive. For example, a surviving spouse may be entitled to a portion or all of the estate depending on whether the decedent also left surviving descendants and on the estate’s makeup. Arizona’s intestate succession provisions control the exact division. See Arizona Revised Statutes, Title 14, for the governing probate and intestate succession rules: https://www.azleg.gov/arsDetail/?title=14

Simple examples to illustrate representation

Example 1 — Three children, all alive: If the decedent is survived by three children and no spouse, each child receives one-third of the estate.

Example 2 — One child predeceased but has two children of their own: If the decedent had three children and one of those three predeceased the decedent leaving two children, the estate is split into three equal shares. The two grandchildren together share the deceased parent’s one-third share (each grandchild gets one-sixth overall).

Example 3 — All children deceased, grandchildren present: If no child survives but there are grandchildren from different deceased children, each grandchild takes the share that corresponds to their parent’s position under representation (the estate is divided by the number of deceased children’s shares, then each surviving line of descendants splits that line’s share).

Other legal considerations

• Adoption and paternity: Legally adopted children inherit as children. For alleged biological children, establishing paternity or maternity may be necessary to qualify for inheritance.
• Simultaneous death and survivorship rules: Special rules apply when people die at the same time (for example, in an accident). Those rules can affect whether a descendant is considered to have survived the decedent for inheritance purposes.
• Anti‑lapse and statute exceptions: Arizona has laws that prevent a gift from lapsing if the beneficiary is closely related and leaves descendants, but the precise application depends on the statutory language and facts of the case. For statutory text and details, consult Arizona law and probate resources: https://www.azleg.gov/arsDetail/?title=14 and the Arizona Judicial Branch probate information page: https://www.azcourts.gov/probate

Where to look in the statutes: The rules that govern intestate succession and representation are contained in Arizona’s probate and intestate succession statutes (Title 14 of the Arizona Revised Statutes). You can read the statutes and related probate rules on the Arizona Legislature website: https://www.azleg.gov/arsDetail/?title=14

Helpful hints — practical steps and documents to gather

1. Gather vital records: Collect birth certificates, adoption decrees, marriage certificates, and death certificates for the decedent and potential heirs. These documents establish family relationships needed for probate.
2. Confirm paternity or maternity if needed: If a potential heir’s relationship to the decedent is in question, consider obtaining court-ordered paternity, voluntary acknowledgment, or DNA evidence if the case may require it.
3. Identify a surviving spouse: The presence of a surviving spouse will affect how the estate is divided. Confirm whether a spouse survives and whether community property issues apply.
4. Check for small-estate procedures: Arizona has streamlined procedures for small estates that may avoid full probate. The county probate court or the Arizona Judicial Branch probate page can explain simplified options: https://www.azcourts.gov/probate
5. Preserve estate assets: Secure bank accounts, property, and valuables. Do not distribute assets until you know who the lawful heirs are or until a personal representative is appointed by the court.
6. Consult a probate attorney when needed: Probate and intestacy issues can be complex — especially when paternity, adoption, multiple generations, or competing claims are involved. An attorney can explain the applicable statutes, deadlines, and procedural requirements in your county.
7. Be prepared for creditor claims and taxes: The personal representative must notify creditors and may need to file tax returns. These obligations affect how and when heirs receive distributions.

Important disclaimer: This article explains general concepts under Arizona law and is intended for educational purposes only. It is not legal advice. For advice specific to a particular situation, consult a licensed Arizona attorney or the probate court where the estate would be administered.