Rights of a Surviving Spouse When a Loved One Dies Intestate in Arizona

Short answer: In Arizona, a surviving spouse has significant rights when a spouse dies without a will (intestate). Those rights include priority to inherit under Arizona’s intestacy rules, priority to serve as or nominate the personal representative in probate, rights to certain exempt property, a family allowance during administration, and often control over burial or disposition of remains. If the decedent’s family is excluding you from decisions, you can ask the court to enforce your rights and to appoint you as the personal representative. This article explains those rights, how they generally work in Arizona, and practical steps you can take.

Detailed answer — what the law generally gives you in Arizona

1. What “intestate” means and where Arizona law is found

“Intestate” means the person died without a valid will. Arizona’s rules about who inherits and how the estate is administered are found in Arizona’s probate statutes (Title 14, Arizona Revised Statutes). See A.R.S. Title 14 for the statutory framework: https://www.azleg.gov/arsDetail/?title=14.

2. Community property and separate property — why that matters

Arizona is a community property state. That generally means assets acquired during marriage are community property and, upon death, the surviving spouse already owns their half of community property. The decedent’s half of community property will pass under intestacy rules. Separate property (property the decedent owned before marriage, property received by gift or inheritance to a single spouse, etc.) passes under the intestacy rules.

3. How much the spouse inherits under intestacy (basic scenarios)

Exact shares depend on whether the decedent left children and whether those children are also the surviving spouse’s children. Typical situations:

If the decedent is survived only by a spouse (no children, parents, or siblings), the spouse usually inherits the entire estate.
If the decedent is survived by a spouse and children who are also the spouse’s children, the spouse typically inherits the entire estate.
If the decedent is survived by a spouse and children from another relationship, the spouse’s share may be smaller (the decedent’s separate property usually goes to those children while the spouse keeps community property). The specific shares depend on how much is community vs separate property and the family makeup.

Because community property gives the surviving spouse ownership of one-half of community assets automatically, the intestacy rules primarily affect the decedent’s one-half of community property and any separate property the decedent owned.

4. Control of funeral, burial, and disposition of remains

Most states give top priority to the surviving spouse to make funeral and disposition decisions unless the decedent left contrary written instructions. If family members are trying to control burial or cremation against your wishes, you can point to the spouse’s usual priority and ask the court for emergency relief if necessary.

5. Who manages the probate and the priority to serve

Because no will exists, someone must file a petition for appointment of a personal representative (administrator) with the county superior court where the decedent lived. Arizona law sets a priority list; a surviving spouse generally has high priority to be appointed as the personal representative. If the family tries to exclude you, you can petition the court to be appointed, and the court will consider priority and fitness to serve.

6. Short-term protection during administration

Arizona law provides certain protections for surviving spouses during probate, including:

Exempt property (a limited set of household items and personal effects that the spouse can keep without them passing to creditors or heirs).
A family allowance for living expenses while the estate is administered.
The right to receive certain homestead or spousal allowances in some cases.

The exact mechanics and amounts depend on the estate and statute. Courts can issue temporary orders to prevent family members from disposing of estate property or diverting funds while the court decides who should administer the estate.

7. What to do if family members are cutting you out

If relatives are excluding you from decisions or controlling assets that belong to the estate or to you as surviving spouse, you have options:

File a petition for appointment as personal representative in the county superior court where your spouse lived. Ask the court for priority under the statutes and for immediate temporary measures if assets are at risk.
Ask the court for an injunction or temporary protective order to stop anyone from moving, dissipating, or selling estate assets while the court decides the administration.
If the relatives are refusing to turn over assets or documents (bank records, deeds, keys), petition the court for turnover and preservation of estate property.
If someone interferes with burial or disposition of remains, seek emergency relief from the court or contact law enforcement if there is imminent wrongful disposal.
Document everything: communications, who has what documents or property, and any actions family members take that affect estate property or funeral plans.

8. Timing and practical points

Probate filings, notices to creditors, and administration procedures follow court rules and statutory deadlines. Acting quickly helps preserve evidence and prevents dissipation of assets. If you want to take control fast, file for appointment as personal representative and ask for temporary relief to preserve assets.

9. When to talk to an attorney

Whenever a surviving spouse faces conflicts with family members, unusual assets, or aggressive efforts to exclude the spouse, you should consult a probate attorney. An attorney can help you evaluate whether to file for appointment, seek emergency court orders, and enforce your statutory rights. If you cannot afford an attorney, look for local legal aid or court self-help resources: Arizona Judicial Branch self-help and probate resources are available online: https://www.azcourts.gov/self-help/Probate.

Hypothetical examples (to illustrate common outcomes)

Example 1 — No children, only spouse: Maria dies without a will. She owned a house bought during marriage (community property) and a small bank account. Under Arizona community property rules and intestacy, Maria’s husband typically ends up owning the house and bank account (he already owned half of community property, and the statutory rules give him the rest).

Example 2 — Spouse and children from another relationship: John dies intestate. He and his current spouse bought a house together during the marriage (community property). John also has separate property (a rental property he owned before marrying) that he left behind and children from a prior marriage. The surviving spouse keeps her half of the community property, and John’s separate property may pass to his children under intestacy, so the surviving spouse’s total share can be smaller than in Example 1. Court guidance and possibly valuation may be required to divide assets correctly.

Helpful Hints

Act quickly: file a petition for appointment as personal representative if family members are trying to control the estate.
Gather and secure documents: marriage certificate, deed, vehicle titles, account statements, insurance policies, Social Security information, and any documents naming beneficiaries.
Get multiple certified copies of the death certificate (banks and government agencies often require certified copies).
Document any interference by family members: dates, times, witnesses, and what was taken or done.
Preserve evidence of community vs separate property (purchase records, prior deeds, gift or inheritance documentation) — that matters for how assets are divided.
Ask the court for temporary orders if there is risk of asset dissipation or wrongful disposition of remains.
Use Arizona Judicial Branch self-help resources for probate forms and guidance: https://www.azcourts.gov/self-help/Probate.
Consult a probate attorney early — even a short consultation can clarify your rights and the right immediate steps.

Where to read the law: The probate and intestacy rules are in Title 14 of the Arizona Revised Statutes: https://www.azleg.gov/arsDetail/?title=14. For court forms and step-by-step probate help, use Arizona Courts’ self-help pages: https://www.azcourts.gov/self-help/Probate.

Next steps I recommend: Secure essential documents and the death certificate, document any interference by family members, and consult a probate attorney about filing for appointment as personal representative and asking the court for temporary protection of assets or control over disposition of remains.

Disclaimer: This article is for general information only and does not constitute legal advice. I am not a lawyer. Laws change and facts matter—talk to a licensed Arizona attorney about your particular situation.