Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a person dies without a valid will—called dying intestate—Arizona law directs how to distribute the estate. Arizona Revised Statutes (ARS) Title 14, Chapter 2 sets out the order of heirs.
Key Definitions
“Descendant” includes biological and adopted children and their lineal descendants. A “child” includes all children by birth or adoption (ARS §14-2101).
Step 1: Identify the Surviving Spouse
If your father had a surviving spouse at the time of death, that spouse may inherit before other heirs. Under ARS §14-2103, when there are both a spouse and descendants, the spouse receives one-half of the community property and shares in the separate property with the children.
Step 2: Identify Children and Grandchildren
Children (biological or adopted) share equally in your father’s estate after the spouse’s share. If a child predeceased your father but left children (grandchildren of the decedent), those grandchildren inherit by right of representation (per stirpes) under ARS §14-2104.
Step 3: Check for Parents
If there is no surviving spouse or descendants, your grandparents’ children (your father’s parents) inherit equally under ARS §14-2105. If one parent predeceased, the surviving parent receives the entire estate.
Step 4: Locate Siblings and Further Relatives
If no spouse, descendants or parents survive, the estate goes to siblings, half-siblings and their descendants, followed by grandparents and then aunts and uncles, per ARS §14-2106.
Putting It All Together
To determine your father’s intestate heirs:
- Gather certified records of marriage, birth and death certificates.
- Map out a family tree showing spouses, children, parents and siblings.
- Review ARS Title 14, Chapter 2 to confirm each heir’s share.
- File a probate petition in the appropriate county probate court.
- Consider hiring a probate attorney or genealogist if records are unclear or relatives are numerous.
Helpful Hints
- Obtain official certified copies of vital records early.
- Contact the county probate clerk for filing requirements.
- Keep a clear record of each relative’s relationship and lineage.
- Communicate openly with potential heirs to avoid disputes.
- Understand that half-blood relatives inherit equally with whole-blood once next of kin at that level.