Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
When someone dies in Arizona without a valid will (intestate) and leaves no surviving spouse but does leave three children, Arizona law distributes the estate equally among those children. This process follows the rules in the Arizona Revised Statutes (A.R.S.) Title 14 (Courts, Probate and Guardianships), Chapter 2 (Intestate Succession).
1. Governing Statutes
- A.R.S. § 14-2101: Establishes the general scheme for intestate succession.
- A.R.S. § 14-2102: Describes shares when only lineal descendants survive.
2. No Spouse, Only Children
Under A.R.S. § 14-2102(B), if there is no surviving spouse, the entire estate passes to the decedent’s children in equal shares “by right of representation.” In practical terms:
- Each of the three children receives one-third of the probate estate.
- If any child had died before the decedent but left grandchildren, those grandchildren would inherit that child’s share, divided equally.
3. Per Stirpes vs. Per Capita
Arizona uses a per stirpes distribution at the first generational level. This means:
- Each branch of the family receives an equal share.
- If a child of the decedent predeceased but left descendants, that branch’s share is divided equally among those descendants.
4. Probate Process Overview
- File a petition for informal probate in the Superior Court in the county where the decedent resided.
- Provide court with a death certificate and an inventory of assets.
- The court issues Letters of Administration to an appointed personal representative.
- The personal representative collects assets, pays debts and taxes, and distributes the remaining property to the three children in equal shares.
Helpful Hints
- Confirm whether any child predeceased the decedent and if they left descendants; this affects distribution per stirpes.
- Keep copies of all probate filings and communications with the court.
- Check for any jointly held assets or payable-on-death designations—these may pass outside probate.
- Consider an informal probate process for a faster, less expensive route if all heirs agree.
- Consult a probate attorney to ensure compliance with deadlines and court requirements.